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Jan 21, 2004 Rural Commission Agreement (Commercial)

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 Agribusiness Input Form

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Jun 24, 2003 Business Only / Business with Property Input Form

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Jul 5, 2001 Client Confidentiality Agreement & Dual Agency Disclosure

Nov 12, 2001 Commercial Compulsory Fields

Nov 13, 2003 Commercial District Codes

Nov 13, 2003 Commercial Input Form for Industrial / Commercial / Investment

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NB. Microsoft Powerpoint or the free Powerpoint Viewer is required to view this file.
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 Customer Status Disclosure Acknowledgment
(To be used when there is no agency relationship)

Members of the Canadian Real Estate Association are required to abide by a strict Code of Ethics and Standards of Business Practice,
which serves to protect the buying and selling public alike. One of the ethical obligations embodied in the Code requires that
REALTORS disclose who they are representing (or not representing) in a real estate transaction:

A REALTOR shall fully disclose in writing to, and is advised to seek written acknowledgment of disclosure from, all parties
to a transaction regarding the role and the nature of service the REALTOR will be providing to the client versus the
customer or other party to the transaction.

Agency/Client Relationship
A REALTOR representing a client in a real estate transaction works within a legal relationship called agency. As an agent, the
REALTOR owes the client a number of duties including loyalty, obedience of lawful instructions of the client, confidentiality, reasonable
care and skill in performing the tasks required, accounting of all money received, full disclosure of all relevant facts, and nondelegation
of responsibilities. The client, on the other hand, owes the agent a duty of reasonable compensation for the services rendered.

Customer
A party may choose to represent him/herself in a real estate transaction. A party representing him/herself (either as a buyer or a seller)
is referred to as a third party to the client, and a customer to the REALTOR representing the client. Unless otherwise expressly agreed
to in writing, the customer is not expected to pay the REALTOR any compensation. On the other hand, the customer does not have
the protection of the duties which a client in an agency relationship receives from his/her agent. Notwithstanding the foregoing, a
REALTOR assisting a customer has to be honest and ensure that all information provided to the customer is factually correct.

Acknowledgment
Having read and understood this form, I/we acknowledge that:

______________________________________________________________________ (name of broker, associate broker or agent)

being registered with ______________________________________________________________________ (name of brokerage)
disclosed that he/she is representing ______________________________________________________________ (name of client) in
the purchase/sale of _________________________________________________________________________________________
__________________________________________________________________ (property address) and is not acting on my behalf.

I further acknowledge that my status in the above transaction is that of a customer.

Dated this _________________ day of ___________________________________________________________, _____________.

_____________________________________________________________ _______________________________________________________________________
Customer Witness

_____________________________________________________________ _______________________________________________________________________
Customer Witness
© January 2004 The Alberta Real Estate Association
 Informed Dual Agency Consent
(To be completed by the Buyer and attached to the Purchase Contract #_________________)

As required by the Real Estate Council of Alberta's Code of Conduct, a real estate brokerage (including its broker, associate brokers, and
agents) must only act for one party in a transaction, unless there is full disclosure to all parties, and the dual agency is agreed to in
writing. The client must fully understand the implications of dual agency and give an informed consent in writing prior to entering into a
real estate transaction.

The Agency Relationship

You, the Buyer, have entered into an agency relationship under common law with the Brokerage, including its broker, all its associate
brokers and agents (collectively referred to as the Buyer's Agent).
A brokerage, its broker, associate brokers and agents representing a seller are referred to as the Seller's Agent.
The Buyer's Agent is obligated to protect and promote your interests. Specifically, the Buyer's Agent owes you the fiduciary duties of
loyalty, obedience, confidentiality, reasonable care and skill, full disclosure, and full accounting.
You, as the Buyer, and potential sellers may be represented by different brokerages (the Buyer's Agent and the Seller's Agent). Each
of these Agents owes its client the full fiduciary duties listed above. Other brokerages representing sellers will not have a fiduciary
relationship with you.
The seller may be acting on its own behalf. In this situation, the Buyer understands that the Brokerage will represent only the Buyer
as Buyer’s Agent and will not owe fiduciary duties to the seller.

Dual Agency
Dual Agency occurs when one brokerage (the Dual Agent) trading in real estate from one or more locations, represents both you and
the seller, or more than one buyer, with respect to the potential purchase of the Property. In such circumstances, the described
fiduciary duties are limited as follows:
The Dual Agent:
(a) will not, without prior written authority, disclose:
(i) to the seller that you will pay a price higher than the offered price (or countered price),
(ii) to you that the seller will accept a price lower than the listed price,
(iii) to the seller the reason that you are buying,
(iv) to you the reason that the seller is selling, and
(v) to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose to you and the seller all facts known that materially
affect or may materially affect the marketability or value of the Property.

The Buyer authorizes the Buyer's Agent (______________________________________________________________________)

(the Brokerage)
to act as a Dual Agent in accordance with the above disclosure.

__________________________________________ ___________________________________________ ______________________________________________

Buyer Witness Date

__________________________________________ ___________________________________________ ______________________________________________

Buyer Witness Date

_________________________________________ ___________________________________________ ______________________________________________

Seller Witness Date

__________________________________________ ___________________________________________ ______________________________________________

Seller Witness Date
© January 2004 The Alberta Real Estate Association
 REFERRAL FEE DISCLOSURE FORM

Acknowledgment
I/We acknowledge and agree that:
______________________________________________________________________________________________________________
(Broker, associate broker, agent)
representing ____________________________________________________________________________________________________
(Brokerage)
will be receiving a referral fee of ____________________________________________________________________________________
as a result of

q sale of property q lease of property

q purchase of property q approved mortgage
q other __________________________________________________________

Client Referred From: Client Referred To:

__________________________________________________ __________________________________________________
Broker, associate broker, agent
__________________________________________________ __________________________________________________
Brokerage
__________________________________________________ __________________________________________________
Address Address
__________________________________________________ __________________________________________________
(postal code) (postal code)
__________________________________________________ __________________________________________________
Phone Fax Phone Fax
__________________________________________________ __________________________________________________
Email Email

Client Information
Client's Name ___________________________________________________________________________________________________
Address _______________________________________________________________________________________________________
______________________________________________________________________________________________________________
(postal code)
______________________________________________________________________________________________________________
Phone Fax Email

Additional Client Information

______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________
______________________________________________________________________________________________________________

SIGNED at _____________________________________, this ________ day of _________________________________, ___________.

________________________________________________ _____________________________________________________
Signature of Referred Client Witness

________________________________________________ _____________________________________________________
Signature of Referred Client Witness
January 2004
 COMMISSION AGREEMENT
(For use when there is no listing agreement in commercial/agricultural transactions)

This Agreement is between

and
THE SELLER (“You”) THE BUYER’S BROKERAGE (the “Brokerage”)

Name _____________________________________________________________ Brokerage Name ____________________________________________________

Name _____________________________________________________________ ____________________________________ Email ________________________

Address ___________________________________________________________ Address ___________________________________________________________

(postal code)
__________________________________________________________________ Phone _______________________________ Fax _________________________
(postal code)

Phone _______________________________ Fax _________________________ __________________________________________________________________

Broker, associate broker or agent authorized to represent the Brokerage
Email _____________________________________________________________ Member of the _______________________________________ Real Estate Board

1. AGENCY DISCLOSURE

You acknowledge that ____________________________________________________________________________________________________ is acting

(Brokerage Name)
only on behalf of the buyer in this transaction and owes you no fiduciary duties.
2. THE PROPERTY
Municipal Address ____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________

Legal Description _____________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________
You warrant that you have legal authority to sell the Property and all the information that you have provided to the Brokerage is correct and accurate to the
best of your knowledge.
3. COMMISSION
In consideration of the Brokerage being the effective cause of sale, you agree that if there is no written Listing Contract, this shall be regarded as a Commission
Agreement between you and the Brokerage. You hereby agree to pay a commission to the Brokerage in consideration of its services, according to the Real
Estate Act (Alberta) upon completion of this transaction, to be calculated as follows:
____________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________ plus the applicable GST.

This earned commission shall constitute a charge on this Property and gives _______________________________________________________________
(the Brokerage) the right to file a caveat as security for the payment of the commission.

You authorize the Brokerage to deduct this commission payable from the Deposits. If the buyer fails to complete this transaction through no fault of yours, the
lesser of 50% of such Deposits or the real estate commission that would have been payable on completion of this transaction shall be payable to the Brokerage
as alternate compensation.

In the event you fail to complete this transaction, the commission shall be payable as if the transaction had been completed and shall be due on the Completion
Day, as defined in the Real Estate Purchase Contract.

The Seller consents to the collection, use and disclosure of personal information by the Brokerage for the purpose of listing and marketing the Property.

Dated at _________________________________________ this ____________day of ____________________________________________, _____________.

__________________________________________________________ ___________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf Print Name
of the Brokerage
__________________________________________________________ ____________________________________________________________
Seller’s Signature Witness

__________________________________________________________ ____________________________________________________________
Seller’s Signature Witness
January 2004
 REAL ESTATE LISTING CONTRACT
EXTENSION/AMENDMENT AGREEMENT
MLS# _______________________________________ Real Estate Listing Contract # ________________________________

TO: _____________________________________________________________________________________________________________________________
Brokerage Name (the “Brokerage”)
My/Our Property known as:
________________________________________________________________________________________________________________________________.
Municipal Address
Plan _________________________________________________ Block ______________________ Lot ________________ Subdivision ________________
_
OR
W. of Range Township Section Part Acres

OR
Condo. Unit No. _________________________________ Plan No. _________________________________ Project Name ____________________________

Current Price $ ________________________________________________ Current Expiry Date __________________________________________________

I/We hereby agree to the following changes with reference to the above listing:
1. Listing Extension:
The expiry date of the said Real Estate Listing Contract is extended until 11:59 p.m. on
________________________________________________________________________________________________________, _________________
2. Price Change:
The asking price for the Property will be changed to $ __________________________________________________________________________
effective as of ____________________________________________________________________________________________, ________________.
3. Other Amendments (if any): _______________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________________

Dated this ___________________________day of ____________________________________________________________________, ___________________

_________________________________________________________ ______________________________________________________________________
Seller Witness
_________________________________________________________ ______________________________________________________________________
Seller Witness
________________________________________________________________________ __________________________________________________________________________________________
Address Seller acknowledges receiving a copy of this Agreement
_________________________________________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the Brokerage
January 2004
 FINANCING SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # ______________________
1. ASSUMPTION OF MORTGAGE(S) 3.
If the Buyer is to assume a mortgage(s), then the Seller warrants the
following to the Buyer:
l Name of lender __________________________________ _______
l Address of lender ________________________________________
_______________________________________________________
l Approximate principal balance $ ____________________________
l Maturity date ____________________________________________
l Interest rate ____________________________________________
l Payments of $ __________________________________________
l Payments include taxes? q Yes q No
l Approval to assume required? q Yes q No
l Other terms ____________________________________________
______________________________________________________
______________________________________________________
l Assumed second or other mortgage details ___________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
Where the covenant for payment in the mortgage(s) being assumed is
enforceable against the Seller, the Seller must approve any assignment of
this Contract by the Buyer.
The Buyer will pay the costs to process and document any approvals to
assume a mortgage(s).
2. OTHER VALUE
The Buyer will provide the following to the Seller as part of the Purchase
Price: (Describe the value by detailed description, serial number, etc. - if
the Other Value is a mortgage, then use the same information/details as
under New Financing)
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
The Buyer will pay for preparing and registering any security documents
regarding the Other Value.
_____________________________ __________________________________________________
Date Seller’s Signature
SELLER FINANCING
If the Seller is to provide financing to the Buyer, then the details are as
follows:
l Principal sum of $ ________________________________________
l Subject to adjustments? q Yes q No
l Interest rate at ____________ percent, calculated ___________ not
in advance.
l Payments of $ ___________________________________________
l Payments to include taxes? q Yes q No
l Amortization of ________________________ years.
l Term of ________________________ year(s)/months commencing
from the Completion Day.
l Interest adjustment day ____________________________________
l Security (mortgage, general security agreement, assignment of rents,
etc.) ___________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
l Prepayment? q Closed q Open
If open, what prepayment privileges? _________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
l Assumable? q Yes q No
l Special conditions _______________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
l The Buyer will pay for the reasonable costs to prepare the Seller
Financing security.
l The Buyer will pay for registering the Seller Financing security.
l Where there is Seller Financing, the Seller must approve any
assignment of this Contract by the Buyer
___________________________________________________
Buyer’s Signature
September 2002/January 2004
 LAND DESCRIPTION SCHEDULE
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # _______________________________

Deeded Lands

W. of Range Township Section Part Acres

Assignment of Lease of

W. of Range Township Section Part Acres

______________________________ _______________________________________________ _________________________________________

Date Seller’s Signature Buyer’s Signature
September 2002/January 2004
 # ______________________
Listing Contract Number
AGRICULTURAL REAL ESTATE
LISTING CONTRACT
This form was developed by the Alberta Real Estate Association for the use of its members
and may not be altered electronically by any person. Others who use this document do so at their own risk.

This Contract is between

THE SELLER (“You”) and THE SELLER’S BROKERAGE (the “Brokerage”)

Name _____________________________________________________________ Brokerage Name ____________________________________________________

Name _____________________________________________________________ ___________________________________ Email _________________________

Address ___________________________________________________________ Address ___________________________________________________________

__________________________________________________________________
(postal code)
Phone ______________________________ Fax __________________________
Email ______________________________________________________________
GST # ____________________________________________________________
__________________________________________________________________
(postal code)
Phone ______________________________ Fax __________________________
__________________________________________________________________
Broker, associate broker or agent authorized to represent the Brokerage
Member of the ____________________________ Real Estate Board (the “Board”)

1. THE PROPERTY
1.1 The Property is the Land, Buildings, Attached Goods (unless excluded) and included Unattached Goods located at (municipal street address): ____
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
(postal code)
1.2 The legal description of the Property is set out below or on the attached Land Description Schedule.
Deeded Lands
W. of Range Township Section Part Acres

Assignment of Lease of
W. of Range Township Section Part Acres

1.3 The Property includes:

(a) All goods attached to the Land and Buildings (“Attached Goods”) except those goods listed in the Appendix.
(b) Goods not attached to the Land and Buildings (“Unattached Goods”) as listed in the Appendix.

2. OTHER LISTING CONTRACTS 3. TERM OF CONTRACT

2.1 Have you entered into any other listing contract
for the Property during the last twelve months?
2.2 Is the Property currently listed for sale with
another real estate brokerage?
3.1 You list the Property for sale with only the Brokerage(s) effective today
q Yes q No
until 11:59 p.m. on ________________________________________
q Yes q No ________________________________________ (the “Expiry Date”).

______________ Seller’s Initials ______________ Brokerage Representative’s Initials

 January 2004 The Alberta Real Estate Association Page 1 of 4

4. ASKING PRICE
4.1 The Asking Price for the Property, not including GST, is $ ________
_______________________________________________________
_______________________________________________________
_______________________________________________________
4.2 Where applicable, GST shall be the responsibility of the buyer.
5. POSSESSION DATE
5.1 The proposed Possession Date is ___________________________
_______________________________________________________
_______________________________________________________
6. REAL ESTATE COMMISSION
6.1 The Real Estate Commission (the “Commission”) is ______________
_______________________________________________________
_______________________________________________________
_______________________________________________ plus GST.
6.2 The Brokerage will offer ___________________________________,
plus GST, as compensation to other brokerages for finding a buyer.
7. DEPOSITS
7.1 All Deposits will be held in accordance with the terms of the signed
Purchase Contract. The Deposits must be held in trust according to the
Real Estate Act (Alberta).
7.2 You direct the Brokerage, the buyer’s brokerage or the lawyer who
holds the Deposits to use the Deposits to pay any money owed under
this Contract. Any Commission or Alternate Compensation, plus GST,
that has been earned by another brokerage and is no longer required
to be held in trust shall be paid directly out of a trust account by the
party holding the Deposits.
7.3 You assign to the Brokerage enough of the purchase money or
forfeited Deposits to pay all money owed under this Contract. You
agree not to revoke this assignment.
7.4 You direct your lawyer to pay all money owed under this Contract from
the purchase money or the forfeited Deposits held by your lawyer.
8. THE BROKERAGE’S AUTHORITY
8.1 You authorize the Brokerage to obtain the following information:
l current property tax summary, assessment sheets and related
information
l search of title
l if the Property is encumbered by a mortgage or agreement for
sale that is assumable, copies of the documents and a Mortgage
Verification Statement
8.2 Do you authorize the Brokerage to install and use
a key box? q Yes q No
8.3 Do you authorize the Brokerage to install
“FOR SALE” and “SOLD” signs? q Yes q No
8.4 Unless otherwise agreed in writing, only the Brokerage may advertise
the Property for sale.
______________ Seller’s Initials
# ______________________
Listing Contract Number
9. IMPORTANT INFORMATION
9.1 You will provide the following Important Information to the Brokerage
promptly and at your expense:
l proof of municipal compliance and applicable development
permits;
l all other applicable Property information that is reasonably
required to develop particulars of sale, including but not limited to,
financial information such as income/expense reports, tenant
schedules and leases, service and supply contracts, engineering
reports, environmental assessment reports, building plans and
specifications.
9.2 You hereby authorize the Brokerage to obtain the
Important Information as required by 9.1 on your
behalf and at your expense. q Yes q No
Seller’s Initials _________________
9.3 Are you aware of any defects in the Property that
are not visible and are either strucutral in nature
or a possible health hazard? q Yes q No
Seller’s Initials _________________
10. DUTIES OF THE SELLER
10.1 You will pay the Commission to the Brokerage if, during the Term of the
Contract:
(a) the Property is sold, exchanged or otherwise disposed of by you
or anyone else;
(b) a person contacts you directly or through a brokerage or inspects
the Property and the Property is then sold, exchanged or
otherwise disposed of by you or anyone else to that person within
90 days after the Expiry Date. This clause will not apply where
you have signed another listing contract after the Expiry Date and
a real estate commission is payable to another brokerage
according to the terms of that other listing contract as a result of
the sale or disposition;
(c) you have signed a Purchase Contract with a buyer who is willing
and able to complete the sale but you refuse to complete the sale;
or
(d) a buyer is found who is willing and able to complete the sale upon
the terms outlined in this Contract but you refuse to sign the
Purchase Contract.
10.2 You will pay the Commission to the Brokerage no later than the second
business day after the sale is completed, unless you and the
Brokerage otherwise agree in writing. A sale is completed when the
change in ownership is registered at the Land Titles Office and the
buyer pays the purchase money to you or your lawyer. Any holdbacks
or conditions accepted by you or your lawyer will not delay payment to
the Brokerage.
10.3 You will pay Alternate Compensation to the Brokerage if a Purchase
Contract is signed but the buyer defaults and the Deposits are
forfeited. This Alternate Compensation will be the lesser of the
Commission that would have been payable had the sale been
completed or 50% of the forfeited Deposits. Alternate Compensation
shall be payable upon forfeiture of the Deposits.
______________ Brokerage Representative’s Initials
Page 2 of 4

10.4 If the Brokerage pays for the Important Information, you will repay the
Brokerage promptly upon demand.
10.5 In addition, you will pay GST, where applicable, to the Brokerage on
the Commission or on any Alternate Compensation due under this
Contract.
10.6 You will make your best efforts to insure the Property and its contents
against loss or damage due to perils that are normally insured against
for similar properties. This insurance will be effective even when the
Property is vacant.
10.7 You will make reasonable efforts to cooperate with the Brokerage and
any other brokerages.
10.8 You will immediately inform the Brokerage of any relevant changes
respecting the Property or its ownership that may occur after this
Contract is signed.
11. DUTIES OF THE BROKERAGE
11.1 The Brokerage:
l will make reasonable efforts to find a buyer for the Property.
l will market the Property through the listing service operated by
the Board.
l will not discourage any person who is an industry member as
defined in the Real Estate Act (Alberta) and who is not a member
of the Board from attempting to sell the Property, unless you
otherwise instruct the Brokerage in writing.
l will pay any Commission, Alternate Compensation and GST that
are payable to another brokerage.
12. SECURITY FOR THE BROKERAGE’S FEES
12.1 You now encumber all of your interest in the Land, Buildings and
Attached Goods for the benefit of the Brokerage to secure payment of
all money which may be owed by you to the Brokerage under this
Contract. The parties agree that the Brokerage is entitled to encumber
the Land in accordance with the Land Titles Act (Alberta). You now
authorize the Brokerage to file and maintain a caveat to give notice of
this encumbrance.
12.2 If the Brokerage successfully enforces any of its rights or remedies
under this section, you will pay reasonable lawyer and client legal fees
and costs incurred by the Brokerage.
12.3 If you owe money under this Contract and the Brokerage does not wish
to enforce this Contract against you, then upon mutual agreement
between the Brokerage and the buyer’s brokerage, the Brokerage may
assign this Contract to the buyer’s brokerage. If this Contract is
assigned, then the buyer’s brokerage may then enforce this Contract
against you to collect the portion of the Commission or Alternate
Compensation, plus GST, to which the buyer’s brokerage is entitled,
and the buyer’s brokerage will have the same rights and security given
to the Brokerage according to Section 12 of this Contract.
______________ Seller’s Initials
# ______________________
Listing Contract Number
13. SELLER’S WARRANTIES
13.1 You warrant the following:
l You have the legal authority to sell the Property.
l The Attached Goods and included Unattached Goods are free
and clear of any financial encumbrances except as follows:
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
l Where applicable, you have complied with the bylaws of the
Condominium Corporation.
13.2 You warrant that, to the best of your knowledge, the following is
truthful and accurate:
l You have disclosed all information necessary to truthfully and
accurately market the Property, including any environmental
problems.
l The current use of the Land complies with the existing municipal
land use bylaw.
l The Buildings and other improvements on the Land are not
placed partly or wholly on any easement or utility right-of-way and
are entirely on the Land and do not encroach upon neighbouring
lands, except where an encroachment agreement is in place.
l The location of Buildings and other improvements on the Land
complies with all relevant municipal bylaws, regulations or
relaxations granted by the appropriate municipality prior to
Completion Day, or the Buildings and other improvements on the
Land are “non-conforming buildings” as that term is defined in the
Municipal Government Act (Alberta).
l If the Property includes a condominium unit, then the warranties
extend to and include the common property.
14. ENDING THE CONTRACT
14.1 This Contract will automatically end if the Brokerage:
l has had its licence to trade in real estate suspended or cancelled
under the Real Estate Act (Alberta).
l ceases to be a member in good standing of a real estate board.
l is bankrupt, insolvent, or in receivership.
14.2 Where a party to this Contract has breached a part of this Contract, the
other party may end this Contract by notice in writing to the party in
breach.
14.3 You and the Brokerage may enforce parts of this Contract even if this
Contract has ended or expired.
______________ Brokerage Representative’s Initials
Page 3 of 4

15. ADDITIONAL TERMS
15.1 This Contract is for the benefit of and will be binding upon the heirs,
administrators, executors, successors and assigns of the parties.
15.2 All changes of number and gender will be made where required.
15.3 This Contract is a Seller’s Brokerage Agreement for the purposes of
the Real Estate Act (Alberta).
15.4 This Contract will be governed by the laws of the Province of Alberta.
The parties submit to the jurisdiction of the Courts in the Province of
Alberta in any dispute that may arise out of this transaction.
16. ADVICE
16.1 This Contract creates binding legal obligations. You are
encouraged to obtain legal advice before signing.
16.2 The Seller acknowledges that the Brokerage is being retained as
a real estate broker, not as a lawyer, tax advisor, lender, appraiser,
surveyor, structural engineer, property inspector, or other
professional service provider.
16.3 The Seller consents to the collection, use and disclosure of
personal information by the Brokerage for the purpose of listing
and marketing the Property including, but not limited to:
(a) listing and advertising the Property in any medium including
electronic media, photographs and video;
(b) disclosing Property information to prospective buyers,
brokers, agents and others;
(c) such other use of the Seller's personal information as is
consistent with listing and marketing of the Property.
16.4 The Seller consents to placement of the listing information and
any sale information by the Brokerage into the database(s) of the
appropriate MLS®/CLSTM system(s) and acknowledges that the
MLS®/CLSTM database is the property of the Board(s) and can,
during or after the termination or expiry of this listing, be
licensed, resold or otherwise dealt with by the Board(s). The
Seller further acknowledges that the Board(s) may:
(a) distribute the information to any persons authorized to use
such service which may include other brokers, government
departments, appraisers, municipal organizations and
others;
(b) market the Property, at its option, in any medium, including
electronic media;
(c) compile, retain and publish any statistics including historical
MLS®/CLSTM data which may be used by licensed board
members to conduct comparative market analysis; and
(d) make such other use of the information as the Board deems
appropriate in connection with the listing, marketing and
selling of real estate.
# ______________________
Listing Contract Number
17. AGENCY DISCLOSURE/ACKNOWLEDGMENT
17.1 You, the Seller, have entered into an agency relationship under
common law with the Brokerage, including its broker, all its associate
brokers and agents (collectively referred to as the Seller’s Agent). A
brokerage, its broker, associate brokers and agents representing a
buyer are referred to as the Buyer’s Agent.
17.2 The Seller’s Agent is obligated to protect and promote your interests.
Specifically, the Seller’s Agent owes you the fiduciary duties of loyalty,
obedience, confidentiality, reasonable care and skill, full disclosure and
full accounting.
17.3 You, as the Seller, and potential buyers may be represented by
different brokerages (the Seller’s Agent and the Buyer’s Agent). Each
of these Agents owes its client the full fiduciary duties listed above.
Other brokerages representing buyers will not have a fiduciary
relationship with you.
17.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in
real estate from one or more locations, represents both you and one or
more buyers with respect to the potential purchase of the Property. In
such circumstances, the described fiduciary duties are limited as
follows:
The Dual Agent:
(a) will not, without prior written authority, disclose:
(i) to a buyer that you will accept a price less than the asking
price (or a countered selling price),
(ii) to you that a buyer will pay a price higher than the price
offered,
(iii) to a buyer the reason that you are selling,
(iv) to you the reason that a buyer is buying, and
(v) to a buyer the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will
disclose to you and a buyer all facts known that materially affect
or may materially affect the marketability or value of the Property.
17.5 The Seller authorizes the Seller’s Agent to act as a Dual Agent
according to the terms of this section.
18. SIGNATURES
18.1 This Contract may be signed by the parties and transmitted by fax.
This procedure will be as effective as if the parties had signed and
delivered an original copy.
This Contract is made effective __________________________________
___________________________________________________________.
___________________________________________________________
Name of Owner Registered on Title
_________________________________ _______________________
Authorized Signing Officer(s) Witness
_________________________________ _______________________
Print Name of Authorized Signing Officer(s) Print Name of Witness
_________________________________ _______________________
Authorized Signing Officer(s) Witness
_________________________________ _______________________
Print Name of Authorized Signing Officer(s) Print Name of Witness
___________________________________________________________
Signature of broker, associate broker or agent authorized to sign on
behalf of the Brokerage
Seller:Initial here to show you have
received a copy of this Contract. ________________________
Page 4 of 4
 # ______________________
Listing Contract Number
APPENDIX TO THE
AGRICULTURAL REAL ESTATE LISTING CONTRACT
THE PROPERTY
The Property includes:
l the Attached Goods (fixtures) except: ________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
l the Unattached Goods (chattels) listed here: ___________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________
MORTGAGE DETAILS (Mortgage Verification Statement)
• Name of lender • Is there a tax account?
• Principal balance owing with per diem interest • Is approval to assume the loan required?
• Interest rate • Maturity date
• Amount of payment and frequency • Is the loan CMHC insured?
• Any other relevant details

AGRICULTURAL INFORMATION
• Surface leases/income • Grazing leases/permits
• Property leases • Water rights/irrigation
• Quotas

COUNTRY RESIDENTIAL ACREAGE DETAILS

• Utilities, connections & equipment (including but not limited to charges for electrical service, telephone service, water, roads and natural gas or other fuel service) are
fully paid for and are not amortized. _______________________________________________________________________________________________________
• Utility contracts for utility service providers are to be assumed by the buyer. _______________________________________________________________________
• Water rights registered? q Yes q No Priority # ________________________________________________________________
• Water rights included with Property? q Yes q No
• Access to Property: q publicly owned q privately owned with access by agreement
• Electrical service available onto the Property? q Yes q No
• Cable service available onto the Property? q Yes q No
• Fuel supply: q natural gas q propane/LPG q none q other ___________________
• Septic system: q tank & field q holding tank q none q other ___________________
Water supply: q drilled well q cistern q municipal q community coop q other ___________________
• You are providing the following well/water reports: - bacterial analysis q Yes q No - chemical analysis q Yes q No
- flow test q Yes q No - driller’s report q Yes q No
RENTAL AGREEMENT DETAILS
• Name of the tenant ____________________________________________________________________________________________________________
• Written rental agreement exists? q Yes (copy to buyer) q No • Move-in inspection report exists? q Yes (copy to buyer) q No
• Commencement date of lease _________________________________ • Expiry or end date of lease ______________________________________

• Does the tenant have any right to renew the rental agreement? q Yes q No • What is the rent? ______________________________________________
• If there is a security deposit, how much is it and when was it last paid? ___________________________________________________________________
• Is there a property management contract? q Yes q No • Is the tenant in possession? q Yes q No
• Is the rental agreement in default? q Yes q No • Any other relevant details

MANUFACTURED/MOBILE HOME DETAILS

• Make ____________________________________________________ • Model/serial number _____________________________________________
• Year of manufacture (age) ___________________________________ • C.S.A. number ________________________________________________
• Construction details of any foundation __________________________ • Is the land leased or owned? q leased q owned
• Written lease agreement exists. q Yes (copy to buyer) q No • Is a security deposit required? q Yes q No
• Monthly pad rental $ ________________________________________ • Any occupancy restrictions? q Yes q No
• Fees for: water $_________________ heat $_________________ gas $__________________ cable/digital/satellite $________________
• Any other relevant details

January 2004
 REAL ESTATE LISTING CONTRACT
TERMINATION AGREEMENT

MLS# _______________________________________ Real Estate Listing Contract # ____________________________

Between

THE SELLER and THE BROKERAGE (the “Brokerage”)

Name _________________________________________________________ Brokerage Name ________________________________________________

Name _________________________________________________________ ______________________________________________________________

Broker, associate broker or agent authorized to represent the Brokerage

The parties wish to terminate the Listing Contract.

The Brokerage hereby agrees to terminate the Listing Contract on the Property at __________________________________________________
____________________________________________________________________________________________________________________
which was dated ______________________________________________________________________________, ______________________.

q Option A: To be used where it is not intended to relist the Property for sale.
The Seller agrees with the Brokerage that:

1. It shall not sell, exchange and/or lease, or accept an offer for the sale, exchange and/or lease of the said Property during the
term of 90 days from the date of this Termination Agreement.
2. In the event that the Seller breaches any of the terms of this Termination Agreement, the Seller shall immediately pay to the
Brokerage as liquidated damages a sum equal to the Real Estate Commission as set out in the said Listing Contract.

This clause replaces the provisions of 10.1 in the Real Estate Listing Contract.

q Option B: To be used where the Property is meant to be relisted by another brokerage.

Commission entitlement will continue as per the provisions of clause 10.1 of the Real Estate Listing Contract.

q Option C: To be used where the parties want to sever their relationship with no ongoing obligations.

Additional terms: ______________________________________________________________________________________________________

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________

DATED this ____________________________day of ______________________________________________________________________, ______________

_______________________________________________________ ______________________________________________________________________
Seller Witness

_______________________________________________________ ______________________________________________________________________
Seller Witness

__________________________________________________ _______________________________________________________________
Seller acknowledges receiving a copy of this Agreement Approved and accepted by Seller’s Broker/Manager
January 2004
 NOTICE
As per the Real Estate Purchase Contract
Notice to:
_________________________________________________________________________________________________________________________________
Seller/Buyer of the Property
Municipal Address ________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

Legal Address: Plan __________________________________________________ Block ___________________ Lot/Unit ________________

1. I am the Seller/Buyer of the Property in the Real Estate Purchase Contract # ______________________________________________________
The conditions(s) in that Contract that I now unilaterally waive or have satisfied is (are):
__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

2. All other provisions in the Contract remain in full force and effect.
3. In this Notice, the singular shall be constituted as the plural where the context so requires.
4. This Notice shall enure to the benefit and be binding upon my heirs, executors, administrators, successors and assigns.
5. As per the Real Estate Purchase Contract, if a Notice has not been given to the other party before 9 p.m. on or before the stated
Condition Day, then the transaction is ended.

SIGNED in the presence of a witness, and DATED at ____________________________________________________________, Alberta at ________________

a.m./p.m. this ___________________ day of ________________________________________________________________________, ___________________.

_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness
_____________________________________________________ _____________________________________________________________________
Seller/Buyer Witness

If needed for commercial transactions:

Per: _____________________________________________________ _____________________________________________________________________

Authorized Signing Officer(s) Witness

_____________________________________________________ _____________________________________________________________________
Authorized Signing Officer(s) Witness
January 2004
 PROPERTY SCHEDULE
This Schedule is attached to and forms part of the Real Estate Purchase Contract # _____________________________

1. COUNTRY RESIDENTIAL ACREAGE

The Seller warrants to the Buyer the following:
l Unless otherwise indicated below, the utilities, connections
and equipment (including but not limited to charges for
electrical service, telephone service, water, roads and
natural gas or other fuel service) are fully paid for and are
not amortized. ________________________________
_____________________________________________
l The following contracts for utility service providers are to
be assumed by the Buyer. _______________________
_____________________________________________
l Water rights registered? q Yes q No
Priority #: ____________________________________
l Water rights included with the Property? qYes qNo
l Access to the Property:
q publicly owned
q privately owned with access by agreement
3.
(describe) ____________________________________
l Electrical service available onto the Property?
q Yes q No
l Cable service available onto the Property?
q Yes q No
l Fuel supply:
q Natural gas q Propane/LPG
l Move-in inspection report exists. q Yes q No
If yes, a copy will be provided to the Buyer.
l Commencement date of the lease __________________
l Expiry or end date of the lease ____________________
l Renewal rights _________________________________
l Rent payable __________________________________
l Security deposit $ ______________________________
Date received _________________________________
l Rental agreement in default? q Yes q No
If yes, give details ______________________________
l Other details __________________________________
_____________________________________________
_____________________________________________
MANUFACTURED/MOBILE HOME
If the Property includes a Manufactured/Mobile Home, then the
Seller warrants the following to the Buyer:
l Make ________________________________________
l Model & serial number __________________________
l Approximate year of manufacture (age)
_____________________________________________

q None q Other (describe) _____________ l C.S.A. number _________________________________

_____________________________________________
l Septic system?
l Foundation? q Yes q No
q Tank & field q Holding tank
If yes, the construction details are __________________
q None q Other (describe) _____________
_____________________________________________
l Water supply
l Is the land leased or owned? _____________________
q Drilled well q Cistern q Municipal
q Community coop q Other (describe) __________ l Written lease agreement exists. q Yes q No
If yes, a copy of the lease will be provided to the Buyer.
l The Seller is providing the following well/water reports:
Bacterial analysis q Yes q No l Is a security deposit required? q Yes q No
Chemical analysis q Yes q No l Amount of monthly pad rental $ ___________________
Flow test q Yes q No l Fees for: - water $ _____________________________
Driller’s report q Yes q No
- heat $_______________________________
2. RENTAL AGREEMENT - gas $ _______________________________
Possession will be given subject to the terms of the Rental - basic cable/digital/satellite $_____________
Agreement.
_____________________________________
If the Buyer is to assume a tenancy, then the Seller warrants
l Are there any restrictions on occupancy?
the following to the Buyer:
q Yes q No
l Name of tenant(s) _____________________________ If yes, explain _________________________________
____________________________________________ l Other details __________________________________
l Written rental agreement exists. q Yes q No _____________________________________________
If yes, a copy will be provided to the Buyer. _____________________________________________

_____________________________ _______________________________________________ ______________________________________________

Date Seller’s Signature Buyer’s Signature
January 2004
 # _________________________
Purchase Contract Number
AGRICULTURAL REAL ESTATE PURCHASE CONTRACT
This form was developed by the Alberta Real Estate Association for the use of its members and may
not be altered electronically by any person. Others who use this document do so at their own risk.

PART A - OFFER TO PURCHASE

This Contract is between
THE SELLER and THE BUYER

Name _____________________________________________________________ Name _____________________________________________________________

Name _____________________________________________________________ Name _____________________________________________________________

1. THE PROPERTY 1.6 Other considerations as per the attached Schedules:

1.1 The Property is the Land, Buildings, Attached Goods (unless excluded) and q Schedule A: Surface Leases/Income q Schedule E: Quotas
included Unattached Goods and other considerations as per clause 1.6 below, q Schedule B: Grazing Leases/Permits q Financing Schedule
excluding all mines and minerals. q Schedule C: Property Leases q Property Schedule
q Schedule D: Water Rights/Irrigation q Land Description Schedule
1.2 Municipal Address: ______________________________________________
q Addendum
______________________________________________________________ q Other ______________________________________________________
______________________________________________________________ 1.7 Title to the Property shall be subject to any reservations and exceptions stated
1.3 Legal Description (as set out below or on attached Land Description Schedule): on the Certificate of Title, non-financial obligations now on Title such as
easements, utility rights-of-way, covenants and conditions that are normally
Deeded Lands found registered against property of this nature, and non-financial
W. of Range Township Section Part Acres encumbrances which have been accepted by the Buyer (the "Permitted
Encumbrances"). Unless otherwise agreed in writing, the Title shall be free and
clear of all other liens, encumbrances, registrations and obligations except
those implied by law.
The Buyer agrees to accept the following Permitted Encumbrances:
______________________________________________________________
______________________________________________________________
______________________________________________________________

2. THE TRANSACTION
2.1 Other than the Deposits, the Buyer shall pay the Purchase Price by certified
Assignment of Lease of
cheque, lawyer's trust cheque, bank draft or other agreed value as follows:
W. of Range Township Section Part Acres

$ __________________________________ Initial Deposit

$ __________________________________ Additional Deposit

$ __________________________________ Assumption of Mortgage

(approximate principal balance)

$ __________________________________
1.4 All Attached Goods (fixtures) except for: _____________________________
______________________________________________________________
$ __________________________________ New Financing
______________________________________________________________
______________________________________________________________
$ __________________________________ Seller Financing
______________________________________________________________ (as per attached Financing Schedule)
1.5 No Unattached Goods (specific chattels) except for: ____________________

______________________________________________________________ $ __________________________________ Other Value

______________________________________________________________
______________________________________________________________ $ __________________________________ Balance Owing
(subject to adjustments)
______________________________________________________________
______________________________________________________________
______________________________________________________________ $ __________________________________ Purchase Price
(excluding GST)
______________________________________________________________
2.2 The Purchase Price does not include GST. In the event that GST is payable
______________________________________________________________
and the Buyer is not a GST registrant, then the Buyer shall remit the applicable
______________________________________________________________ GST to the Seller’s lawyer on or before Completion Day.

______________ Seller’s Initials ______________ Buyer’s Initials

 January 2004 The Alberta Real Estate Association Page 1 of 4

3. DEPOSITS
3.1 All Deposits shall be delivered in trust to _____________________________
______________________________________________________________
Unless otherwise agreed in writing, the Initial Deposit shall accompany the offer.
______________________________________________________________
3.2 The Initial Deposit shall be deposited no later than the second Business Day
following the day that final signing occurred (as per clause 20.1). Additional
Deposits shall be deposited no later than the second Business Day following
the day the Additional Deposit is received by the brokerage.
3.3 Any Additional Deposits shall be delivered as follows: ___________________
______________________________________________________________
3.4 Unless otherwise agreed in writing, no interest on the Deposits shall be paid to
the Seller or the Buyer. ___________________________________________
_______________________________________________________________
3.5 The Deposits shall be held in trust for both the Seller and the Buyer and shall
be:
(a) applied against the Commission (as defined in the Agricultural Real Estate
Listing Contract or any other commission agreement signed by the Seller)
and paid directly out of trust to the brokerage(s) when the Commission is
earned in accordance with the terms of the Listing Contract or any other
commission agreement signed by the Seller;
(b) refunded forthwith to the Buyer if this offer is not accepted;
(c) refunded forthwith to the Buyer upon the Buyer’s cheque clearing the
brokerage’s trust account if a condition is not satisfied or waived (as per
clause 12.8) or the Seller fails to perform this Contract; and
(d) forfeited to the Seller if this offer is accepted and all conditions are satisfied
or waived and the Buyer fails to perform on this Contract.
3.6 The brokerage holding the Deposits is further directed and authorized to pay
that portion of the Deposits exceeding the Commission in trust to the Seller's
lawyer no later than two (2) Business Days prior to the Completion Day.
3.7 If there is a dispute between the Seller and the Buyer as to entitlement to the
Deposits then:
(a) the brokerage holding the Deposits shall review the circumstances,
determine entitlement and pay the money to the party who is entitled to
the Deposit;
(b) if no reasonable conclusion can be made in regard to (a) above, the
brokerage shall notify the parties to the Contract in writing and shall pay
the money into a lawyer’s trust account;
(c) the parties agree to allow the lawyer and/or the brokerage to deduct from
the Deposit a reasonable fee and costs incurred for dealing with the
Deposit;
(d) a brokerage and/or lawyer acting in good faith under this clause shall not
be liable to either party for any damages associated with the handling of
the Deposit except arising from the negligence of the brokerage or
lawyer.
4. COMPLETION DAY
4.1 Subject to compliance with the terms hereof, possession of the Land shall be
available and given to the Buyer on or before 12 noon of the ___________ day
of _____________________________, ________ (the "Completion Day"),
subject to the rights of the existing tenants, if any, and Buildings/Farmstead on
the __________ day of _________________________, __________, subject
to the rights of the existing tenants, if any. All harvested crops remain the
property of the Seller and will be removed by the ____________ day of
_________________________, _________, and all unharvested crops by the
_______ day of ____________________, __________, after which time the
crops or any part thereof not removed shall become the absolute property of
the Buyer.
When the Buyer obtains possession, the Property will be in substantially the
same condition as it was in when this Contract was accepted.
5. ADJUSTMENTS
5.1 All normal adjustments for the Property including but not limited to taxes, local
improvement levy and assessments, municipal charges, rents, utilities, tenant
deposits including interest, prepaid rent, surface leases (if any), mortgage
principal and interest that are applicable with respect to the Property shall be
adjusted as of 24:00 hours on the Completion Day. The Buyer shall assume all
local improvements, assessments and charges against the Property as of that
time.
______________ Seller’s Initials
# _________________________
Purchase Contract Number
6. LATE PAYMENT
6.1 All money due and owing to the Seller including GST, if applicable, shall be paid
to the Seller's lawyer on or before the Completion Day. If the Seller agrees to
accept payment after the Completion Day, the Buyer shall pay interest at a rate
of 3% per annum above the prime rate set by the Alberta Treasury Branch on
all monies owing to the Seller, from the Completion Day to and including the
date that the monies owing have been unconditionally paid.
6.2 If the Seller fails to deliver the closing documents as described in Section 8,
then payment of the Purchase Price and interest will be postponed until the
Buyer has received the closing documents and has a reasonable period of time
to register them.
6.3 If the Buyer has not paid the entire Purchase Price, then the Seller may give
the Buyer possession upon reasonable terms.
7. CLOSING COSTS
7.1 The Seller shall pay and discharge any financial encumbrance which is not by
this Contract specifically assumed by the Buyer. The Seller's lawyer shall be
permitted to pay and discharge any encumbrances from the sale proceeds and
shall do so within a reasonable time.
8. TRANSFER OF LAND
8.1 Closing documents shall:
(a) consist of the transfer of land (the "Transfer") in registerable form
together with all applicable conveyancing documents normally expected
in a transaction of this nature;
(b) be prepared at the expense of the Seller and delivered to the Buyer's
lawyer within a reasonable time to confirm registration prior to the
Completion Day.
8.2 In the event the Seller fails to deliver the Transfer to the Buyer's lawyer within
such reasonable time, then the Buyer shall not be obliged to pay interest on
that portion of the cash to close attributable to the Buyer's own funds, excluding
mortgages, provided that those funds are paid to Seller's lawyer in trust, until
the Buyer has a reasonable time in which to register the Transfer.
8.3 If a new mortgage is a condition of this Contract, the Seller agrees to trust
conditions that allow the Buyer's lawyer to register the Transfer so as to obtain
the advance of mortgage funds on the new mortgage; provided however that
the Buyer's lawyer undertakes, accepts, and complies with reasonable trust
conditions imposed by the Seller's lawyer until the Seller has been paid the
total Purchase Price.
8.4 The Seller's lawyer has a right to prepare (at the expense of the Buyer) any
mortgage or agreement for sale between the Seller and the Buyer.
9. INSURANCE
9.1 The risk of loss or damage to the Property will lie with the Seller until the
Purchase Price is paid according to the terms of this Contract. If loss or
damage to the Property occurs before the Seller is paid the Purchase Price,
then any insurance proceeds will be held in trust for the Buyer and the Seller
according to their interests in the Property.
10. WARRANTIES AND REPRESENTATIONS
10.1 The Seller warrants that:
(a) the Seller has the legal right to sell the Property;
(b) the Attached Goods and included Unattached Goods are in normal
working order and are free and clear of all encumbrances;
(c) the current use of the Land complies with the existing municipal land use
bylaw;
(d) the Buildings and other improvements on the Land are not placed partly or
wholly on any easement or utility right-of-way and are entirely on the Land
and do not encroach on neighbouring lands, except where an
encroachment agreement is in place;
(e) the location of Buildings and other improvements on the Land complies
with all relevant municipal bylaws, regulations or relaxations granted by
the appropriate municipality prior to the possession date, or the Buildings
and other improvements on the Land are "non-conforming buildings" as
that term is defined in the Municipal Government Act (Alberta);
(f) to the best of the Seller’s knowledge, there is no legal action outstanding
with respect to the Property;
(g) the Seller is not in breach of any contract with respect to the Property;
(h) the Seller is not in breach of any obligation to any third party with respect
to the Property; and
(i) within the meaning of the Income Tax Act (Canada), the Seller is not now
nor will be on the Completion Day a non-resident of Canada nor an agent
or a trustee for any person with an interest in the Property who is a non-
resident of Canada.
______________ Buyer’s Initials
Page 2 of 4

10.2 The Buyer warrants that, prior to completion, it is NOT an "ineligible person" or
a "foreign controlled corporation" and is eligible to purchase "controlled land"
as those terms are defined in the Foreign Ownership of Land Regulations.
10.3 All of the warranties contained in this Contract and any attached Schedules are
made as of and will be true at the Completion Day, unless otherwise agreed in
writing.
10.4 The Seller and the Buyer each acknowledge that, except as otherwise
described in this Contract, there are no other warranties, representations or
collateral agreements made by or with the other party, the Seller's brokerage
and the Buyer's brokerage about the Property, any neighbouring lands, and this
transaction, including any warranty, representation or collateral agreement
relating to the size/measurements of the Land and Buildings or the existence or
non-existence of any environmental condition or problem.
10.5 The representations and warranties in this Contract shall survive the completion
of purchase and sale and may be enforced after the Completion Day, provided
that any legal action is commenced within the time limits prescribed by the
Limitations Act (Alberta).
10.6 The Buyer shall have the right to register a caveat against the Title to the
Property upon the acceptance of this Offer by the Seller. Should the Buyer fail
to perform this Contract, the Buyer agrees to forthwith discharge that caveat.
11. ADDITIONAL TERMS/HOLDBACK
11.1 All time periods, deadlines and dates in this Contract shall be strictly followed
and enforced. All times will be Alberta time unless otherwise stated.
11.2 This Contract is for the benefit of and shall be binding upon the heirs,
executors, administrators and assigns of the individual parties and the
successors and assigns of corporate parties.
11.3 All changes of number and gender shall be made where required.
11.4 This Contract will be governed by the laws of the Province of Alberta. The
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction.
11.5 Additional terms of sale, if any: ___________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
(Attach Schedule if necessary and have initialled by both parties.)
11.6 In the event that the additional terms of this Contract are not fulfilled, there shall
be a holdback of $ ____________________________ for _____________
days from the Completion Day to allow compliance by the Seller. These monies
will be held in trust by the Buyer's lawyer and if terms are not satisfied, these
monies shall be released to the Buyer.
12. CONDITIONS
12.1 The Buyer will verify, at the Buyer's expense, that the water supply meets the
following criteria: ________________________________________________
__________________________________________________ before 9 p.m.
on _____________________________________________, _____________.
12.2 Buyer's Financing Condition: It is a condition precedent to this offer that the
Buyer is able to place a new mortgage(s) and/or assume the existing
mortgage(s) upon terms acceptable to the Buyer in order to fund the purchase
of the Property. The Buyer shall have an opportunity to obtain such financing
until before 9 p.m. on ____________________________________________
________________________________________________, ____________.
______________ Seller’s Initials
# _________________________
Purchase Contract Number
12.3 Buyer's Due Diligence Condition: It is a condition precedent of this offer that
the Buyer shall have until before 9 p.m. on ___________________________
________________________________________________, ___________ to
inspect and accept the Property, the Permitted Encumbrances and all relevant
information and records relating thereto. The Seller agrees to provide at its cost
the following documents within ____________ ( ) Business Days after
the date of final signing of this offer:
(a) operational information respecting the Property;
(b) copies of all other contracts currently pertaining to the Property;
(c) copies of any reports and particulars of all maintenance work done by the
Seller;
(d) copies of any other pertinent documents, correspondence, work orders
and deficiency notices in the possession of the Seller;
(e) copies of any environmental assessment reports in the possession of
the Seller relating to environmental contamination of any kind at or on the
Property; whether or not such reports exist, the Buyer, at its own expense,
may engage consultants to inspect and make such tests and observations
as the Buyer may deem necessary. Copies of all such reports shall be
provided to the Seller without cost, whether or not the sale of the Property
is completed;
(f) a Real Property Report reflecting the current state of improvements on
the Property, according to the Alberta Land Surveyors’ Manual of Standard
Practice, with evidence of municipal compliance or non-conformance;
(g) any plans and specifications relating to the original construction and
improvements to the Property;
(h) a copy of the existing Title(s) # __________________________________
attached hereto as Schedule “A”;
(i) other documents as listed below:
__________________________________________________________
__________________________________________________________
12.4 The Buyer shall keep all information obtained in strict confidence and shall
only make the information available to the Buyer's employees, agents and
professional advisors in strict confidence and shall return all of the above
materials including all copies to the Seller before any Deposits are released to
the Buyer pursuant to this Contract.
12.5 Additional Buyer's Conditions: ___________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Before 9 p.m. on ________________________________________________
(the "Condition Day").
12.6 The Seller's Conditions are: ______________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
Before 9 p.m. on ________________________________________________
(the "Condition Day").
______________ Buyer’s Initials
Page 3 of 4
 # _________________________
Purchase Contract Number
12.7 Unless otherwise agreed in writing, the Buyer's Conditions are for the sole Buyer's Information:
benefit of the Buyer and the Seller's Conditions are for the sole benefit of the Buyer's Address ____________________________________________________
Seller.
_________________________________________________________________
12.8 The Buyer and the Seller may unilaterally waive or satisfy their Conditions by (postal code)
giving a Notice to the other party (the "Notice") on or before the stated Phone _____________________________ Fax __________________________
Condition Day. Buyer’s GST # _____________________________________________________
12.9 Provided that the Buyer or the Seller, as the case may be, uses reasonable Buyer's Representative:
efforts to satisfy the Condition(s), if the Notice has not been given on or before
_________________________________________________________________
the stated Condition Day, then this Contract is ended.
Broker, associate broker or agent registered to the brokerage
13. REMEDIES/DISPUTES Brokerage Name ___________________________________________________
13.1 If the Seller or the Buyer fails or refuses to complete this Contract according to Brokerage Address _________________________________________________
its terms, then the other party may pursue all available remedies. _________________________________________________________________
(postal code)
14. SECURITY FOR THE SELLER’S BROKERAGE’S FEES
Phone ______________________________ Fax _________________________
14.1 The Seller does hereby irrevocably assign to the Seller's brokerage enough of
the Purchase Price to pay all sums due and owing to the Seller's brokerage, 18. OFFER
and agrees to pay any unpaid balance of the Commission to the Seller's 18.1 The Buyer offers to buy the Property for the Purchase Price according to the
brokerage. terms of this Contract.
15. ADVICE 18.2 This offer / counter offer shall be open for acceptance in writing until
_______.m. on _____________________________________, ___________.
15.1 This Contract is intended to create binding legal obligations. The Seller
and the Buyer should read this Contract carefully and are encouraged to SIGNED AND DATED at _____________________________, Alberta at ______ .m.
obtain legal advice before signing.
on the __________ day of ___________________________________, _________.
15.2 This Contract may be signed and sent by fax and this procedure will be
as effective as signing and delivering an original copy.
____________________________________ _______________________________
15.3 Unless there is a dual agency or another written agreement, the Seller's Buyer Witness
brokerage represents the Seller as Seller's Agent and does not have a
fiduciary relationship with the Buyer, and the Buyer's brokerage ____________________________________ _______________________________
represents the Buyer as Buyer's Agent and does not have a fiduciary Print Name of Buyer Print Name of Witness
relationship with the Seller.
15.4 The Buyer and Seller agree that the sale and other related information ____________________________________ _______________________________
Buyer Witness
regarding this transaction may be retained and disclosed by the
brokerage and/or the real estate board(s) as required for closing and for ____________________________________ _______________________________
reporting, appraisal and statistical purposes. Print Name of Buyer Print Name of Witness
16. DEFINITIONS
PART B - ACCEPTANCE
16.1 In this Contract:
(a) Business Day means a day when both the Land Titles Office and the 19. ACCEPTANCE
Schedule I chartered banks are open for business. 19.1 The Seller accepts the Buyer's offer and agrees to sell the Property for the
(b) Buyer's Agent means the licensed brokerage (including its broker, all Purchase Price according to the terms of this Contract.
associate brokers and agents) who represents the Buyer.
(c) Seller's Agent means the licensed brokerage (including its broker, all SIGNED AND DATED at _____________________________, Alberta at ______ .m.
associate brokers and agents) who represents the Seller. on the ____________ day of _________________________________, _________.

17. REPRESENTATIVES/NOTICE ____________________________________ _______________________________

Seller Witness
Note: This section must be completed at the offer stage prior to the Contract
being signed. ____________________________________ _______________________________
Print Name of Seller Print Name of Witness
17.1 The Representatives identified in clause 17.2 represent the Seller and the
Buyer. ____________________________________ _______________________________
17.2 For the purposes of giving and receiving any notice referred to in this Contract, Seller Witness
and for acceptance of an offer to purchase, communication must be in writing
and must be delivered to the address or faxed to the number described below. ____________________________________ _______________________________
A notice sent or received by a Representative is proper notice for the Print Name of Seller Print Name of Witness
purposes of this Contract. 20. FINAL SIGNING
Seller's Information: 20.1 Final signing of this Contract occurred at _________________ .m. on
Seller's Address ____________________________________________________ _________________________________________________, ____________
_________________________________________________________________ Initials of the Person(s) who signed last ___________________________
(postal code)
Phone ______________________________ Fax _________________________ CONVEYANCING
Seller’s GST # _____________________________________________________ Seller's Lawyer __________________________________________________________
Seller's Representative: Lawyer's Address ________________________________________________________
_________________________________________________________________ (postal code)
Broker, associate broker or agent registered to the brokerage Lawyer's Phone ____________________________ Fax _________________________
Brokerage Name ___________________________________________________
Buyer's Lawyer __________________________________________________________
Brokerage Address _________________________________________________
Lawyer's Address ________________________________________________________
_________________________________________________________________ (postal code)
(postal code)
Phone _____________________________ Fax __________________________ Lawyer's Phone ____________________________ Fax _________________________

Page 4 of 4
 ADDENDUM ________ TO THE
AGRICULTURAL REAL ESTATE PURCHASE CONTRACT
This Addendum is attached to and forms part of the Agricultural Real Estate Purchase Contract # _____________________________
Between
THE SELLER and THE BUYER

Name _____________________________________________________________ Name _____________________________________________________________

Name _____________________________________________________________ Name _____________________________________________________________

Municipal Address ________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________________

Legal Description:
W. of Range Township Section Part Acres

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________

Note: This form must be signed by all parties to the Agricultural Real Estate Purchase Contract.

____________________________________________________________________
Date

_____________________________________________________________ _________________________________________________________________
Seller Witness

_____________________________________________________________ _________________________________________________________________
Seller Witness

_____________________________________________________________ _________________________________________________________________
Buyer Witness

_____________________________________________________________ _________________________________________________________________
Buyer Witness

January 2004
 Schedule A
SURFACE LEASES/INCOME FORM
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # __________________________

Adjustment of Surface Leases/Income? q Yes q No

W. of Range Township Section Part Acres Income

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

_______________________________________________________
Date

_______________________________________________________ _______________________________________________________
Seller’s Signature Buyer’s Signature

September 2002/January 2004

 Schedule B
GRAZING LEASES AND PERMITS FORM
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # ___________________________

1. GRL # _________________________________________________________________________________________________________

2. Total number of acres _____________________________________________________________________________________________

3. Legal description:
W. of Range Township Section Part Acres

4. Capacity in acres per animal unit ____________________________________________________________________________________

5. Total animal unit months ___________________________________________________________________________________________

6. Any deficiencies (e.g. fencing, reseeding, etc.) __________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

_______________________________________________________________________________________________________________

7. Annual lease rate ________________________________________________________________________________________________

8. Assignment fee __________________________________________________________________________________________________

Cost to the government paid by:

q Seller
q Buyer
q Shared between Seller and Buyer

9. Buyer Warranty: The Buyer warrants that, prior to leasing, it is NOT an "ineligible person" or a "foreign controlled corporation" and is eligible
to lease "controlled land" as those terms are defined in the Foreign Ownership of Land Regulations.

__________________________________________________________ __________________________________________________________
Seller Buyer

__________________________________________________________ __________________________________________________________
Seller Buyer

September 2002/January 2004

 Schedule C
PROPERTY LEASES FORM
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # __________________________

W. of Range Township Section Part Acres Expiry Date Renewal Date Income

______________________________________________________
Date

_______________________________________________________ _______________________________________________________
Seller’s Signature Buyer’s Signature

September 2002/January 2004

 Schedule D
WATER RIGHTS/IRRIGATION FORM
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # __________________________

Water Rights

1. Licence # _______________________________________________________________________________________________________

2. Have you registered your water rights under the Water Act? q Yes q No

If yes, for what quantity? ________________________________________ Priority # __________________________________________

3. What is the rate of water? __________________________________________________________________________________________

4. Is there water tax? (if applicable) _____________________________________________________________________________________

Irrigation Rights
Allowances _____________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

________________________________________________________________________________________________________________________________

_______________________________________________________
Date

_______________________________________________________ __________________________________________________________________
Seller’s Signature Buyer’s Signature

January 2004
 Schedule E
QUOTA PURCHASE INFORMATION
This Schedule is attached to and forms part of the Agricultural Real Estate Purchase Contract # __________________________

Poultry

1. Buyer's Conditions: Approval and completion (in principal) of transfer of quota by the Alberta Hatching Egg Board by Completion Day.

2. Buyer's Terms: Buyer is receiving the amount of quota as per final approval of the Alberta Hatching Egg Board within 30 days of Completion
Day.

3. Included is ___________________________ Annual Quota +/- _____________ % which equals _______________ birds. Hen numbers must
be in accordance with quota holdings on Completion Day as well as number of pullets present. There must be a minimum of ___________%
roosters in layer barns present on Completion Day. There must be a minimum of ______________% roosters present in pullet barn on
Completion Day.

4. Seller to operate chicken farm under good and prudent management as a chicken farmer (broiler-breeder) should. Poultry flock(s) to be in
healthy and good condition at Completion Day. All flocks to be inspected by a veterinarian two weeks before Completion Day. Buyer has the
right to use the service of a veterinarian to determine these facts at the Buyer's cost. Seller to turn over all records pertaining to the flock on
Completion Day.

5. There must be a minimum performance of the flocks on Completion Day that is in accordance with the five year average on the farm.

6. Included are all attached and unattached equipment in chicken barns, feeding systems and all other equipment necessary for the normal
operation of a chicken farm.

7. All equipment pertaining to the farm to be in good state of repair and in good working order at Completion Day. In the event that something is
not, then it must be repaired at the cost of the Seller. Buyer to sign acknowledgement two days past Completion Day.

8. Included is all equipment on the Agricultural Real Estate Purchase Contract, all in good state of repair and in good working order.

9. Transfer of chicken quota forms to be obtained by the Seller's lawyer and after both Seller and Buyer have signed, to be registered by the
Alberta Hatching Egg Board.

10. Seller declares that there is adequate water on the Property for the size of the flock it has, and that there has been no shortage of water in the
past.

11. Buildings must be in the same condition and state of repair at Completion Day as seen on ______________________________________,
_____________, normal wear and tear excluded.

12. Any additional equipment to be included and that is not listed on the Agricultural Real Estate Purchase Contract is listed below.

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

_________________________ _____________________________________________ _________________________________________________

Date Seller's Signature Buyer's Signature

September 2002/January 2004

Dairy Cows
1. Buyer's Conditions: Approval and completion (in principal) of transfer of quota by the Dairy Control Board by Completion Day.
- A negative C.M.T. on all cows at time of pickup, done by Buyer at Buyer's expense.
- All cows to be staph negative. All cows to be tested 14 days prior to Completion Day and positive cows to be culled prior to completion
at the Buyer's option.
2. Buyer's Terms: Buyer is receiving the amount of quota as per final approval of the Dairy Control Board within 30 days of Completion Day.
3. The pregnancy status and health status of the herd are not guaranteed. It is the responsibility of the Buyer to have this verified at the Buyer's
expense. The Seller will honestly supply all relevant information the Seller has on the herd, but does not guarantee its accuracy.
4. Included are a total of _____________ head of cattle, consisting of _____________ cows and heifers or replacements in various sizes. It being
understood between the parties hereto that there may be more than __________________________ cows and less than
__________________________ heifers at the completion of this transaction, providing that the number of cows increases proportionately to
any decrease in the number of replacement __________ heifers. If there are any less dairy cows, the Buyer will be reimbursed per cow. If
there are any more cows and/or heifers on the farm at Completion Day, then the Buyer has the option to choose the cattle it wants. If the Seller
has more cattle to sell, then the Buyer has first option of refusal.
5. There must be a pregnancy rate consistent with the cow herd of previous years and calving interval at the time of the Offer of +/- 5%.
6. Seller to operate farm and dairy herd under good and prudent management as a dairy farmer should. If any cows have to be sold, then they
should be replaced with cows to maintain the herd's value and quality. Dairy herd to be healthy and in good condition on Completion Day. All
cattle to be dairy quality. Buyer has the right to use the services of a veterinarian to determine these facts at the Buyer's expense in the two
weeks prior to Completion Day. Seller to turn over to the Buyer all records of the farm pertaining to the herd.
7. Quota to be ______________________ kg of M.S.Q. and ________________ L fluid milk at completion and same to be transferred to Buyer.
If there are any cuts or increases by the Dairy Control Board either in fluid or M.S.Q., this cut or increase is not to exceed 4% of the total quota
including skim off. In the event that the cut or increase is more than 4%, the Buyer or Seller will be reimbursed at the price of the last month's
exchange or unused quota at the Dairy Board price prior to Completion Day. Milk should be shipped in equal monthly allotments + or -
_____________________%. Any overshipment should be adjusted at $______________ per kg. M.S.Q. overshipped payable to the Buyer at
Completion Day.

8. Included are all attached and unattached milking equipment inside and outside dairy barn and milk parlor directly related to and necessary for
the normal operation of the dairy farm, including left-over semen and semen tank and pressure washer.

9. All equipment pertaining to the dairy barn to be in good state of repair and in good working order at Completion Day. In the event that something
is not, then it must be repaired at the cost of the Seller. Buyer to sign acknowledgement two days past Completion Day.

10. All field equipment, tractors or other to be in good state of repair and in good working order at Completion Day. Buyer to acknowledge two days
past Completion Day.

11. Included are all gates and feeders as were being used on the Property, as well as electric waterers, water pumps and motors.
12. Included is all equipment on the Agricultural Real Estate Purchase Contract, all in good state of repair and in good working order.
13. Transfer of milk quota forms to be obtained by the Seller's lawyer and after both Seller and Buyer have signed, to be registered by the Dairy
Control Board.
14. Seller to transfer cattle registration by Holstein Canada to Buyer at the Seller's expense.
15. Seller declares that there is adequate water supply on the Property for the size of the herd it has, and that there has not been a shortage of
water in the past.
16. Buildings must be in the same condition and state of repair at Completion Day as seen on ______________________________________,
_____________, normal wear and tear excluded.
17. Any additional equipment to be included and that is not listed on the Agricultural Real Estate Purchase Contract is listed below.

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________

_________________________ _____________________________________________ _________________________________________________

Date Seller's Signature Buyer's Signature
 AMENDMENT TO THE
BUYER BROKERAGE CONTRACT
Contract # ______________________

Further to the Buyer Brokerage Contract dated the __________ day of ___________________________________________, ______________.

Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)
Name ____________________________________________________ Brokerage Name _____________________________________________

Name ____________________________________________________ ___________________________________________________________

Broker, associate broker or agent authorized to represent the Brokerage

The following changes shall be made to the above Contract and except for such changes noted below, all other terms and conditions in the Contract
shall remain as stated therein.

DELETE: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

INSERT: ________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________

Dated at ____________________________, Alberta, this ______________day of ______________________________, __________ at __________ a.m./p.m.

______________________________________________________________ __________________________________________________________
Buyer Witness

______________________________________________________________ __________________________________________________________
Buyer Witness

________________________________________________________
Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage
September 2002/January 2004
 CONTRACT # _________________________

BUYER BROKERAGE CONTRACT

This form was developed by the Alberta Real Estate Association for the use of its members and
may not be altered electronically by any person. Others who use this document do so at their own risk.

This Contract is between

THE BUYER and THE BUYER’S BROKERAGE (the “Brokerage”)

Name _____________________________________________________________ Brokerage Name ____________________________________________________

Name _____________________________________________________________ ___________________________________ Email _________________________

Address ___________________________________________________________ Address ___________________________________________________________

__________________________________________________________________
(postal code)
Phone _______________________________ Fax ________________________
(postal code)
Phone _____________________________ Fax __________________________
__________________________________________________________________
Broker, associate broker or agent authorized to represent the Brokerage

Email ______________________________________________________________ Member of the ____________________________ Real Estate Board (the “Board”)

1. OTHER BUYER BROKERAGE CONTRACTS (c) advise prospective sellers or their brokerages with whom the Brokerage
1.1 Have you entered into any other buyer brokerage is negotiating that they represent the Buyer;
contract with a brokerage in Alberta during the
(d) cooperate with brokerages which represent sellers of real estate;
last twelve months? q Yes q No
(e) not disclose the Buyer's identity if instructed not to do so.
1.2 Are you currently in a buyer brokerage contract
with another real estate brokerage? q Yes q No 5. ENDING THIS CONTRACT

2. TERM OF THIS CONTRACT
2.1 The Buyer agrees to retain only the Brokerage:
(a) to find real estate suitable for the Buyer to Purchase and,
(b) to assist the Buyer in negotiating the terms of the Purchase.
2.2 The following properties are excluded from this Contract:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
5.1 This Contract will automatically end if the Brokerage:
(a) has had its licence to trade in real estate suspended or cancelled under
the Real Estate Act (Alberta);
(b) ceases to be a member in good standing of a real estate board; or
(c) is bankrupt, insolvent, or in receivership.
5.2 Where a party to this Contract has breached the Contract, the other party may
end the Contract by notice in writing to the party in breach.
5.3 The Brokerage may enforce clause 6.4(b) even if the Contract has ended or
expired.

_____________________________________________________________ 6. THE BROKERAGE’S COMPENSATION

2.3 The Term of the Contract is effective today until 11:59 p.m. on ___________ 6.1 The Brokerage’s fee (the “Fee”) shall be:
(a) the portion of the real estate commission, if any, paid to the Brokerage by
______________________________________________ (the “Expiry Date”) the seller's brokerage respecting a transaction involving the Buyer (the
unless renewed/extended in writing. “Collected Commission”), or

3. DUTIES OF THE BUYER (b) _______________________________________________________

plus GST,
3.1 The Buyer agrees to:
whichever is greater.
(a) advise the Brokerage of real estate in which the Buyer is interested;
(b) provide the Brokerage with sufficient personal and financial information 6.2 (a) As security for payment of the Fee when this Contract is signed, the
to enable the Brokerage to determine the Buyer's ability to Purchase real Buyer will deposit with the Brokerage, to be held in trust, the sum of
estate; $________________________________________ (the “Fee Deposit”).
(c) negotiate in good faith the Purchase of any specific property in which the (b) The Brokerage is authorized to apply the Fee Deposit toward the Fee and
Buyer is interested. applicable GST.
4. DUTIES OF THE BROKERAGE (c) The Fee Deposit shall be refunded to the Buyer not later than 90 days
after the Expiry Date if the Fee is not earned according to clause 6.4. If
4.1 The Brokerage will: the Buyer has signed a contract with a new brokerage as per clause 6.5,
(a) provide the Buyer with information about real estate listed on the Board's the Fee Deposit shall be refunded forthwith to the Buyer.
Multiple Listing Service® or such other real estate as the Brokerage is or
6.3 If any Collected Commission plus the Fee Deposit:
becomes aware of and which may meet the Buyer's requirements;
(b) assist the Buyer at the Buyer's written request and expense to obtain (a) exceeds the Fee and GST, then the excess will immediately be paid by
inspections, real property reports, certificates of title and any other the Brokerage to the Buyer, or
searches and additional information which the Buyer may require in order (b) is less than the Fee and GST, then the shortfall will immediately be paid
to decide whether to Purchase any specific property; by the Buyer to the Brokerage.
______________ ______________
Buyer’s Initials Buyer’s Initials
 January 2004 The Alberta Real Estate Association Page 1 of 2
 CONTRACT # _________________________
6.4 The Brokerage will be entitled to receive the Fee and the Buyer will be obligated 9. DEFINITIONS
to pay it, if: 9.1 In this Contract:
(a)(i) during the term of this Contract, the Buyer enters into a contract for the
(a) “Buyer” is understood to include a tenant.
Purchase of any specific property;
(ii) the obligations of the parties are (have become) unconditional; and (b) “Buyer's Agent” means the licensed brokerage (including its broker, all
associate brokers and agents) who represents the Buyer or tenant.
(iii) at the closing date the seller is willing and able to complete the
transaction; or (c) “Lease” is a contract between an owner and a tenant that transfers to
(b) within 90 days after this Contract has ended, the Buyer enters into a the tenant the right to use a piece of property for a specified length of time
contract for the Purchase of any specific property and during the term of under specific conditions.
this Contract the specific property was introduced to the Buyer by the (d) “Purchase” includes any sale, agreement for sale, exchange or trade of
Brokerage or through the efforts of the Brokerage. property and a Lease, Offer to Lease, or a Lease with an option to
purchase.
6.5 Clause 6.4 will not apply if after this Contract has ended the Buyer has signed
an agreement with a new brokerage and the Buyer is obligated to pay a fee to (e) “Purchase Price” means the total consideration to be paid by the Buyer
the new brokerage as a result of the Purchase of any specific property. either at the closing date or at some future described time.
6.6 The Fee plus GST earned by the Brokerage shall be payable upon completion (f) “Seller” is understood to include a landlord.
of the transaction. If there is an additional amount payable to the Brokerage, (g) “Seller's Agent” means the licensed brokerage (including its broker, all
the Buyer will pay it upon completion of the transaction. In the event the Buyer associate brokers and agents) who represents the seller or landlord.
refuses to complete the transaction, the Fee is due and payable within seven
(7) days of demand by the Brokerage. 10. ACKNOWLEDGMENT
10.1 The Buyer acknowledges that the Brokerage is being retained as a real
7. AGENCY DISCLOSURE/ACKNOWLEDGMENT
estate broker, not as a lawyer, tax advisor, lender, appraiser, surveyor,
7.1 You, the Buyer, have entered into an agency relationship under common law structural engineer, property inspector, or other professional service
with the Brokerage, including its broker, all its associate brokers and agents provider.
(collectively referred to as the Buyer's Agent). A brokerage, its broker, 10.2 This Contract creates binding legal obligations. The Buyer acknowledges
associate brokers and agents representing a seller are referred to as the that he/she has been advised to seek professional advice concerning the
Seller's Agent. condition of any specific property that the Buyer might be introduced to
7.2 The Buyer's Agent is obligated to protect and promote your interests. and with respect to any legal and tax matters regarding the entering into
Specifically, the Buyer's Agent owes you the fiduciary duties of loyalty, of this Contract.
obedience, confidentiality, reasonable care and skill, full disclosure and full 10.3 The Buyer consents to have the Brokerage collect, use and disclose
accounting. personal information provided for purposes relating to the real estate
7.3 You, as the Buyer, and potential sellers may be represented by different services provided by the Brokerage to the Buyer including, but not
brokerages (the Buyer's Agent and the Seller's Agent). Each of these Agents limited to:
owes its client the full fiduciary duties listed above. Other brokerages (a) locating, assessing and qualifying property for the Buyer;
representing sellers will not have a fiduciary relationship with you. (b) advertising on behalf of the Buyer;
7.4 Dual Agency occurs when one brokerage (the Dual Agent), trading in real (c) providing information as needed to third parties retained by the
estate from one or more locations, represents both you and the seller, or more Buyer to assist in a transaction (e.g., financial institutions, building
than one buyer, with respect to the potential purchase of a property. In such inspectors, etc.); and
circumstances, the described fiduciary duties are limited as follows:
(d) such other use of the Buyer’s information as is consistent with the
The Dual Agent: services provided by the Brokerage in connection with the
(a) will not, without prior written authority, disclose: purchase or prospective purchase of the property.
(i) to the seller that you will pay a price higher than the offered price (or The Buyer agrees that the sale and other related information regarding
countered price), any property purchased by the Buyer through the Brokerage may be
retained and disclosed by the Brokerage and/or the Board(s) as required
(ii) to you that the seller will accept a price lower than the listed price, for closing and for reporting, appraisal and statistical purposes.
(iii) to the seller the reason that you are buying,
(iv) to you the reason the seller is selling, and THIS CONTRACT IS MADE AS OF
(v) to you or other buyers the terms and conditions of competing offers;
(b) except as set out in (a), will owe no duty of confidentiality and will disclose __________________________________________________________________
to you and the seller all facts known that materially affect or may Date
materially affect the marketability or value of the specific property.
_______________________________ _______________________________
7.5 The Buyer authorizes the Buyer's Agent to act as a Dual Agent according Buyer Witness
to the terms of this section.
_______________________________ _______________________________
8. ADDITIONAL TERMS Print Name of Buyer Print Name of Witness

8.1 All changes of number will be made where required. _______________________________ _______________________________
8.2 This Contract will be governed by the laws of the Province of Alberta. The Buyer Witness
parties submit to the jurisdiction of the Courts in the Province of Alberta in any
dispute that may arise out of this transaction. _______________________________ _______________________________
Print Name of Buyer Print Name of Witness
8.3 This Contract may be signed by the parties and transmitted by fax. This
procedure will be as effective as if the parties had signed and delivered an
__________________________________________________________________
original copy.
Signature of broker, associate broker, or agent authorized to sign on behalf of the
8.4 The Buyer warrants that, prior to completion, he/she is NOT an “ineligible Brokerage
person” or a “foreign controlled corporation” and is eligible to purchase
“controlled land” as those terms are defined in the Foreign Ownership of Land Buyers' initials to acknowledge they
Regulations. have received a copy of this Contract. ___________________________
Page 2 of 2
 BUYER BROKERAGE
TERMINATION AGREEMENT

Contract # _________________________

Between
and
THE BUYER THE BUYER’S BROKERAGE (the “Brokerage”)

Name _________________________________________________ Brokerage Name _________________________________________

Name _________________________________________________ _______________________________________________________

Broker, associate broker or agent authorized to represent the Brokerage

The parties wish to terminate the Buyer Brokerage Contract dated ______________________________________________, ______________.

q Conditional Termination
Fee entitlement will continue as per the provisions of clauses 6.4 and 6.5 of the Buyer Brokerage Contract.

q Unconditional Termination
To be used where the parties want to sever their relationship with no ongoing obligations.

Additional terms: ______________________________________________________________________________________________________

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________

DATED at ________________________, Alberta this ___________day of ___________________________________________, __________.

______________________________________________________________ __________________________________________________________
Buyer Witness

______________________________________________________________ __________________________________________________________
Buyer Witness

_____________________________________________________________ _____________________________________________________
Approved and accepted by the Buyer’s Broker/Manager Signature of broker, associate broker or agent authorized to sign on behalf of the
Brokerage

Buyer acknowledges receiving a copy of this Agreement. ___________________________________________________________

January 2004
Footnotes - Census of Agriculture
(1) In both 1996 and 2001, a census farm was defined as an agricultural operation producing at least one of the following
products intended for sale: crops (field crops, tree fruits or nuts, berries or grapes, vegetables, seed); livestock (cattle, hogs,
sheep, horses, exotic animals); poultry (hens, chickens, turkeys, exotic birds); animal products (milk, cream, eggs, wool, furs,
meats); or other agricultural products (greenhouse or nursery products, Christmas trees, mushrooms, sod, honey and maple
syrup). Farm operations producing only Christmas trees were included for the first time in the 1996 census.

(2) A farm is classified according to the predominant commodity produced. This is done by estimating the potential gross
farm receipts from the inventories of crops and livestock reported on the census questionnaire. The commodity or group of
commodities which account for 51 percent or more of the total gross farm receipts determines the farm type. Farm type
classification only includes farms with gross farm receipts of $2,500 or more.

(3) In 1996, the name and definition of tame or seeded pasture was changed from the previous census. In 1991, it was called
"Improved Land for Pasture or Grazing." Consequently, some respondents may have reported differently in 1996 than in 1991,
thereby affecting the comparability of those years.

(4)The data for land management practices are reported for the year preceding the census year. Operators can apply
insecticides and fungicides to the same land. Therefore, the sum of the responses to the two questions in 1996 and 2001 are
not comparable to the response to the single 1991 question which asked for the total area on which insecticides or fungicides
were used. As in previous censuses, the area of land treated with herbicides, insecticides and fungicides is under-reported in
2001. The data, however, is still comparable to other years.

(5) Since 1991, the data reported are for total oats, since the questionnaire made no distinction between the oats for grain and
the oats for fodder components of total oats.

(6) In 1981, the data reported pertain to barley for grain only.

(7) Since 1991, no distinction between oats for grain and oats for fodder has been made. In 1986, 1996, and 2001, the "Other
Fodder Crops" are included in the data for "Total Tame Hay".

(8) The earlier census date in 1996 (May 14th) and in 2001 (May 15th) affect the comparability with previous censuses due to
the lower percentage of calvings that would have taken place at this time compared to the first week of June, when previous
censuses were taken.

(9) Since individual or family holdings were being over-reported in previous censuses, the order and wording of the questions
on operating expenses were changed in 1996. While previous censuses asked if the operation was an "individual or family
holding", the 1996 Census replaced this question with one asking if the operation was a "sole proprietorship".

(10) Since 1991, there are two separate questions on the value of land and buildings - one on rented properties and one on
owned properties. Consequently, the total reported value of land and buildings in following censuses increased compared
with earlier censuses, where some respondents had failed to include rented land.

(11) In 1991, agricultural operators reported the value of farm machinery and equipment located on their operations on
Census Day, regardless of ownership. Since the 1996 census, operators have been asked to report the present market value
of all farm machinary and equipment that they owned or leased on Census Day. This change in reporting limits comparability
of these data.

(12) This refers to gross farm receipts of the operation in the preceding calender year or for the last complete accounting
(fiscal) year.

(13) This refers to the gross farm operating expenses of the operation in the preceding calender year or for the last complete
accounting (fiscal) year.

(14) In 2001, the name and definition of "Rent or Leasing Expenses" has changed to "Rental and Leasing of Land and
Buildings". This change limits the comparability of the data between 2001 and previous censuses.

(15) In 2001, the name and definition of "Fuel, Oil and Lubricants for Machinery" has changed to "All Fuel Expenses". This
change limits the comparability of the data between 2001 and previous censuses.

(16) In 2001, "Custom Work and Contract Work" and "Rental and Leasing of Farm Machinery, Equipment, and Vehicles" were
classified as separate entities whereas in 1996, they were grouped together. This change limits the comparability of the data
between 2001 and previous censuses.
Alberta's Township System
The following information is excerpted from Doug Barnett's Early Surveys and Settlements
in Central Alberta.

The DLS System first established controlling lines on which to base the township surveys. It was
decided to layout the System on an astronomic basis, that is "square with the world", with
north-south and east-west lines following lines of latitude and longitude on the earth's surface.
Starting near Winnipeg, Dominion Land Surveyors established six meridians over a period of
time. A meridian is an astronomic north-south line on the earth's surface. The Principal
Meridian was followed by successive Initial Meridians (the Second, Third, Fourth, Fifth, and
Sixth), each about four degrees of longitude apart. The Fourth Initial Meridian later became
the Alberta - Saskatchewan boundary, and the Western Provinces were extended northward
from the 49th parallel (international boundary) to the 60th parallel, a distance of about 760
miles. As meridians follow the spherical curve of the earth, they converge as they are produced
northward. For example, the distance between the Fourth and Fifth Meridians along the 49th
parallel is about 182 miles (293 kilometres); at the 60th parallel, the distance between the
same two Initial meridians is reduced to about 139 miles (224 kilometres) due to convergence
of the meridians. The Dominion Lands Survey System is therefore an astronomic system with all
north-south lines laid off as true meridians, and all east-west lines established as chords to
parallels of latitude.

Land between the Initial Meridians was then subdivided into townships. A
township is a square tract of land about six miles (9.7 kilometres) on a side,
containing thirty-six sections (Figure to left.). Townships are numbered
northward, starting from township one at the 49th parallel and increasing to
township 126 at the 60th parallel (the north boundary of British Columbia,
Alberta, Saskatchewan, and Manitoba). For example, Lethbridge is about at
township eight; Red Deer at about township thirty-eight;
Athabasca about township sixty-six; Fort McMurray about
township eighty-nine; and Fort Chipewyan about township one
hundred and twelve. A column of townships in the north-south direction is
called a range. Townships lie in ranges numbered westward from each Initial
Meridian, starting with range one adjoining the west side of each such
meridian. There are thirty ranges between the Fourth and Fifth meridians
along the 49th parallel, but due to convergence of the meridians, this reduces
to only about twenty-three ranges along the north boundary of Alberta.

Townships are laid off their prescribed width along base lines running between the Initial
Meridians. A base line is a line approximating a latitude circle from which townships are
projected north and south to the correction lines (to be defined later). See figure above to the
right. Base lines are four townships apart. The international boundary is the first base line; the
second base line lies between townships four and five; the third base line between townships
eight and nine; and so on northerly in regular order. For example, the fourteenth base line
(between townships fifty-two and fifty-three) runs along part of Jasper Avenue in Edmonton,
and the twenty-fourth base line (between townships ninety-two and ninety-three) runs near
the Syncrude plant north of Fort McMurray.

Correction lines are east-west lines, midway between base lines, on which the jogs are allowed
to provide for convergence of meridians, as shown in figure above to the right. They are also
four townships apart. The first correction line is between townships two and three; the second
between townships six and seven; the third between townships ten and eleven, and so on
northerly in regular order. For example, the twelfth correction line (between townships forty-
six and forty-seven) runs through Camrose, and the twenty-third correction line (between

1
townships ninety and ninety-one) runs just north of Fort MacKay. The north boundary of Alberta
is about the thirty-second correction line. The jogs along a correction line increase in length as
one proceeds westerly from an Initial Meridian. For example, on the 14th correction line
running through Namao north of Edmonton, the jog at the northeast comer of range ten is
about 36.23 Chains (2390.8 feet = 728.7 metres), whereas the jog at the northeast comer of
range twenty-five on the same correction line is about 96.60 Chains (6375.6 feet = 1943.3
metres). On the east side of each Initial Meridian the width of the last range is narrower than a
full range due to the convergence between two adjacent Initial Meridians. These fractional
ranges are less than six miles in width, the width varying with its position along the Initial
Meridian, as shown in the figure above to the right. Sections in a fractional township are
numbered the same as though the township was a full one.

The Dominion Land Survey System therefore established a practical, accurate solution to the
subdivision of vast tracts of land in Western Canada. The framework of meridians and base
lines provided the basis for township subdivision in the System. While readily understood and
used by early settlers and even by people today, it was highly technical and complicated to
layout while keeping errors under control. This required skilled government surveyors (DLS) to
accomplish. Based on lines of latitude and longitude determined by astronomic field
observations it covered the largest tract of land ever surveyed in North America under a single
integrated system.

Township surveys subdivided the Crown land into parcels which could be sold
for settlement, development and other public purposes. The figure above (on
the left) shows the structure of a typical township of the Third System of
Survey (the First and Second Systems, which differed mainly in allotment and
width of road allowances, were laid out in southern Manitoba and south-
eastern Saskatchewan up to about 1881; after that, the remainder of the
Prairie Provinces was subdivided according to the Third System of Survey).
North-south road allowances run every mile apart; east-west road allowances
are spaced at two mile intervals. Each township contains three blind lines (east-west section
lines where no road allowance is provided - called "blind lines" because they were not
measured on the earlier surveys). Distances shown on the early township plans are in Chains,
and areas are shown in acres. These British (Imperial) units have been retained for most
township plans even after the metric system was adopted in Canada in 1971.

Each section is one mile on a side, or 80 Chains square (approximately), containing 640 acres. A
Third System township therefore measures approximately 486 Chains east-west and 483 Chains
north-south. Road allowances provide public access to each quarter- section. Sections are
sometimes broken down into smaller units called legal subdivisions of 40 acres each; each
section contains 16 legal subdivisions as shown in figure above to the right. These smaller
tracts are used for smaller divisions of land bordering on rivers and lakes, Indian reserves,
settlements, and for oil and gas well spacing units.

The introduction of the Torrens land registration system in Alberta, effective January 1, 1887,
was made possible by the accuracy of the original township and settlement surveys and the
careful collection and preservation of survey plans. The Torrens System was devised in
Australia by Sir Robert Torrens in 1858, and is one of the most efficient land titles systems in
the world. A government land titles office has custody of all original land titles and documents
registered against them (such as mortgages, caveats and liens), thus guaranteeing the title and
protecting it from fraud and wrongful possession. The Torrens system remains in use to this
day for all dealings with land ownership, leasing, and related records at the Edmonton and
Calgary land titles offices in Alberta, giving citizens ready access to all important land titles
information related to buying, selling, and holding property.

2
 2003 RURAL DIVISION MEMBERSHIP APPLICATION

NAME OF APPLICANT _____________________________________________ Date: ________________2003

Years of experience in rural real estate ________

Percentage of time spent doing:
Areas of specialization
Rural real estate ________%
Commercial real estate ________%
Residential real estate ________%
1)_______________________________________________________________
2) _______________________________________________________________
3) _______________________________________________________________

List all Designations:__________________________________________________________________________

You can apply for either Candidate Member status or Full Member status. For the definition of Candidate Member or Full
Member status see the back of this form.

I AM APPLYING FOR:
CANDIDATE MEMBER STATUS
In accordance with the criteria set out on the back of this form under “Candidate Member Status.”
OR
FULL MEMBER STATUS
In accordance with the criteria set out on the back of this form under “Full Member Status.”

IN MAKING THIS APPLICATION, I DECLARE:

a) I am presently a member in good standing of the Calgary Real Estate Board.

b) I apply for Candidate Membership and agree to become a Full Member of the Division within two years of this date.
c) I agree that should this application be accepted, I will abide by the rules, regulations and by-laws of the Division and pay
the annual dues and such other amounts as may be established by the Division.

d) I understand there is an annual membership fee for $100.00 plus $7.00 GST (total $107.00) that accompanies this
application.

SIGNATURE OF APPLICANT ____________________________________________________________________

NAME OF PRESENT EMPLOYER_________________________________________________________________
BUSINESS ADDRESS ________________________________________________POSTAL CODE _____________
TELEPHONE ______________________________________ FAX _______________________________________
EMAIL ADDRESS______________________________________________________________________________
WEB SITE_____________________________________________________________________________________

BROKER RECOMMENDATION – I recommend this individual for membership in the Commercial/Rural Division of
the Calgary Real Estate Board.

________________________________________ ______________________________________
Sales Manager or Broker (Print Name) Manager/Broker Signature

I hereby give CREB permission to bill my account for the 2003 Rural Fee of $107.00 (GST included).

_____________________________________ (or) Cheque attached______________________________________

Applicant’s Signature Applicant’s Signature
Candidate Member Status
To qualify as a Candidate Member you must:
1. Be a member of the Calgary Real Estate Board
2. Submit the annual fee of $100.00 plus GST
3. Successfully complete the Rural Introductory Course within two years of registration date.
Candidate Member Status provides access to the Agribusiness/Commercial database.
Candidate members are eligible to become Full Members upon achieving the educational qualifications or the transaction/volume
qualifications within two years of applying as a Candidate member.

Full Member Status

To qualify as a full member you must:
1. Be a Member of the Calgary Real Estate Board
2. Submit the annual fee of $100.00 plus GST
3. Get your Broker’s recommendation
4. Have experience or educational credentials as listed below.

Experience Credentials
A. Sales:
Completed a minimum of three (3) sales of Agri-business defined as at least two of the following: Non-residential
Zoning; Income producing; and, forty one (41) acres or more; Industrial, Commercial and/or Income producing
Properties within a one-year period over the past five years, with a minimum value of $150,000 each and an aggregate
total of $2,000,000.
or
B. Leases:
Minimum of three (3) leases with an aggregate value of $2,000,000 within a one-year period over the past five years,
with no minimum value of each lease.
or
C. Development
Minimum value of $2,000,000 within a one-year period over the past five years.
or
D. Property Management:
Managing a portfolio of at least $5,000,000 total value of the property.
or
E. Combination:
Any combination of above which meets the approval of the Rural User Group.

F. At the discretion of the Rural User Group.

For your Experience Credentials on the above, set out on a separate sheet the general particulars of the qualifying transaction in
which you have acted during the specified period in the following format.

Address of Property Type of Transaction Date of Completion Amount of Transaction Applicant’s Percentage

Education Credentials – Successful completion of one of the following:

A. Rural Introductory Course.
B. Real Estate Brokers’ Licensing Program, including Rural Real Estate Module. (If Rural Module was not completed,
two (2) courses from the Rural Introductory Course must be taken.)

C. Designations, one of: CCIM FRI AACI CPM ALC RLI

Full Member status provides for access to the Commercial database.

Acceptance into the Rural/Commercial Division is subject to the approval of this application by the Rural User Group.

H:\DATA\FORMS\RURAL FORMS\2003 FORMS\2003 RURAL DIVISION MEMBERSHIP APPLICATION FORM-REVISED MAY 22'03.DOC
 AGRICULTURAL LAND DISCLOSURE STATEMENT
(To be completed by the Seller)

Purpose of Disclosure
This form is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This
disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and
the Buyer.

Date of Disclosure: ________________________________________________________________________________________

Seller’s Name: ___________________________________________________________________________________________

Property Address: _________________________________________________________________________________________

Legal Description Total Arable Waste Bldg. Site Water

(List Home Property First) Acres Acres Acres Acres Rights
Acres

TOTAL

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

1. Does the existing Property/operation comply with permits? Y N ? n/a

Does the operation comply with provincial agricultural requirements (e.g. minimum
setback distances) and municipal bylaw requirements? Y N ? n/a
Is there a deferred reserve caveat registered on this title? Y N ? n/a

2. Are there any conditional use and/or special compliance permits required? Y N ? n/a

3. Are there any cross property easements/entitlements and are they in use at this time? Y N ? n/a
If yes, please sketch on the map attached at the end of this disclosure form and provide a copy of the appropriate documents.

Railways or railway rights-of-way? Power lines? Pipelines?

Oil wells and/or oil well access roads? Utility rights-of-way? Subdivisions?
Dominant and servient tenements? Restrictive covenants? Other? ______________
Crop lease? Grazing lease?

4. Who owns the present crop? ____________________________________________________

5. Has the Property ever had a non-agricultural use? Y N ? n/a

6. Does your insurance cover environmental incidents? Y N ? n/a

If yes, please indicate amount and type of insurance coverage: _____________________________________________________

7. Have any environmental assessments of the Property been carried out in the past 5 years? Y N ? n/a

____________ Seller’s Initials ____________ Seller’s Initials

© February 2001/September 2002 The Alberta Real Estate Association

 -2-

8. Are there any past, pending or threatened action/investigations by any government

environmental agency involving conditions on the Property? Y N ? n/a
Involving conditions on adjacent properties? Y N ? n/a
Have any corrective measures been taken? Y N ? n/a

9. Do your operations involve the generation, handling, disposal or other use of chemicals
or hazardous materials other than agricultural chemicals? Y N ? n/a

10. Do your operations involve storage of bulk quantities of agricultural chemicals such as
pesticides and fertilizer other than for your own use? Y N ? n/a
Have bulk quantities of same ever been stored on the Property in the past other than for
your own use? Y N ? n/a

11. If your operations involve the use of irrigation, are additional substances applied other
than water? Y N ? n/a

12. Does the Property contain any of the following:

(A) Above ground storage tanks? Y N ? n/a
Underground storage tanks? Y N ? n/a
If yes, please provide the following details below.

• Whether your province has a program for the registration of such tanks and if your tanks are registered: _____
_________________________________________________________________________________________
• The location of each tank (by Land Parcel Number): _______________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
• What the tanks contained: ___________________________________________________________________
_________________________________________________________________________________________
• Whether the tanks are in use or are abandoned: __________________________________________________
_________________________________________________________________________________________
• The approximate age of the tanks: _____________________________________________________________
• Whether the tanks have been inspected or repaired: _______________________________________________
• Whether any of these tanks are known to leak: ___________________________________________________
_________________________________________________________________________________________

(B) An operating or inactive lagoon or manure pit or other surface impoundment? Y N ? n/a
If yes, please provide the following details below.

• Is the lagoon lined? Y N ? n/a

• Are there any groundwater or other performance monitoring facilities? Y N ? n/a
• The location of manure storage sites (by Land Parcel Number):_____________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
• How the manure is stored and the ultimate disposal of same:_______________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

• Is there a barrier between the soil and the manure? Y N ? n/a

• Is there secondary containment or surface run off control? Y N ? n/a

____________ Seller’s Initials ____________ Seller’s Initials

 -3-

(C) An operating or former dump, landfill or other waste disposal area on this
or adjacent lands? Y N ? n/a
If yes, please provide details of the types of waste disposed of: ______________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
_________________________________________________________________________________________________
(D) Ground water wells? Y N ? n/a

If yes, please sketch location and use on the map attached to this form.
i. If yes, specify uses: Livestock Human Consumption Irrigation Aquaculture
ii. Have any wells been tested for human consumption? Y N ? n/a
If yes, give date and results of test: ____________________________________________________________
_________________________________________________________________________________________
iii. What is the depth and rate of flow (gal/min) of each well?
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
iv. Does the Property contain any abandoned ground water wells? Y N ? n/a
v. Is the water supply licensed or registered under the Water Act? Y N ? n/a
If yes, for what quantity? ____________________________________________________________________

(E) Ground water waste? Y N ? n/a

i. If yes, specify uses: Livestock Human Consumption Irrigation Aquaculture
ii. Have any wells been tested for the presence of hazardous materials? Y N ? n/a
If yes, give date and results of test: ____________________________________________________________
_________________________________________________________________________________________

13. Does the Property contain a septic system consisting of:

A septic tank? A drain field? An open discharge system? A lagoon?
A cesspool with contents put onto the Property? A cesspool with contents removed from the Property?

14. Does the Property contain any active or non-producing oil or gas wells? Y N ? n/a

15. Does the Property contain any abandoned oil/gas wells or pipelines? Y N ? n/a
If yes, have all governmental approvals been obtained? Y N ? n/a
Are reclamation certificates available for abandoned well sites? Y N ? n/a

16. Are there any propane tanks on the Property? Y N ? n/a

If yes, are they rented or owned? _____________________________________________

17. Does the Property contain any surface water such as:
A stream? A river? Natural springs? Wetlands? Seasonal run-off areas?
If yes, then:
i. Have they been identified as public land? Y N ? n/a
ii. Is the Property serviced by a drainage/irrigation system? Y N ? n/a
iii. Is there a levy to maintain the drainage/irrigation system? Y N ? n/a

18. Does the Property contain any water storage dugouts? Y N ? n/a

19. Is the Property located in a known floodplain or floodway? Y N ? n/a

____________ Seller’s Initials ____________ Seller’s Initials

 -4-

20. Has the Property ever been used for municipal or industrial sludge or waste? Y N ? n/a

21. Are there gravel pits, manure pits, silage pits or other open excavations on the Property? Y N ? n/a

22. Are there any outstanding issues pertaining to government grazing leases? Y N ? n/a
If yes, please identify: ______________________________________________________________________________________
Is this lease transferrable? Y N ? n/a
Is there a known cost for the transfer? (amount ________________________________) Y N ? n/a

23. Are there any permanent grass programs? Y N ? n/a

If yes, please identify: ______________________________________________________________________________________
________________________________________________________________________________________________________

24. Are there any or have there been noxious or poisonous weeds on the Property? Y N ? n/a
Has there been any notification from the municipal authorities requiring clean-up? Y N ? n/a

25. Has the Property ever contained urea formaldehyde insulation? Y N ? n/a
26. Are the following utilities fully paid? Phone? Y N ? n/a Water? Y N ? n/a
Electrical? Y N ? n/a Natural gas? Y N ? n/a
Do services for utilities occur in more than one location on the Property? Y N ? n/a
If yes, explain ____________________________________________________________________________________________

27. Is this Property of historical significance in the opinion of a government authority? Y N ? n/a

28. List all Property sources of waste water, and where these waters are discharged (e.g. tile bed, storage, lagoon, septic or other
containment system, ditch, creek, etc.).

29. List licences or permits held and effective dates (e.g. chemical application permit, certificates of compliance, water source
registrations, etc.).

30. Describe how you dispose of pesticide/herbicide containers, waste oil and used automotive batteries.

____________ Seller’s Initials ____________ Seller’s Initials

 -5-

31. Indicate whether any of your crop spraying is done by custom application and/or by aerial spraying. Please advise, in either instance,
if the custom operator is licensed.

32. In the following space, please provide any additional comments and/or explanations.

Acknowledgment and Limitations of Statement

The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any
important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day.
The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers.

Seller: ________________________________________________ Seller: _________________________________________

The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s
brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not
a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any
inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for
its own inquiries.

Buyer: ________________________________________________ Buyer: _________________________________________

The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or
guarantee the above information on the Property.

____________ Seller’s Initials ____________ Seller’s Initials

 Property Map

This map is attached to and forms part of the Agricultural Land Disclosure Form dated _________________, _______.

Seller’s Name ___________________________________________________________________________________

Property Address ________________________________________________________________________________

______________________________________________________________________________________

Township ______________ Range _______________ Meridian ______________

_______________________________________________
Date

________________________________________________ _____________________________________________
Seller Seller

February 2001/September 2002

 RURAL RESIDENTIAL PROPERTY DISCLOSURE STATEMENT

Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This
disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the
Buyer.

Date of Disclosure: __________________________________________________________________________________________________

Seller’s Name: ______________________________________________________________________________________________________

Property Address: ___________________________________________________________________________________________________

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

1. To the best of your knowledge, is the ceiling insulated? Y N ? n/a

2. To the best of your knowledge, are the exterior walls insulated? Y N ? n/a
3. Is the basement a preserved wood foundation or concrete? ___________________________________
If preserved wood foundation, is an engineer’s certificate available? Y N ? n/a
4. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
5. Do you have: (if yes, please provide date)
- a home inspection report? (date ______________________________________________________) Y N ? n/a
- a real property report? (date _________________________________________________________) Y N ? n/a
- a well chemical analysis report? (date _________________________________________________) Y N ? n/a
- a well report? (date _______________________________________________________________) Y N ? n/a
- any septic system information? (date _________________________________________________) Y N ? n/a
- a lease and/or rental agreement? (date ________________________________________________) Y N ? n/a
- any revenue agreements? (date ______________________________________________________) Y N ? n/a
6. Are the following utilities fully paid? - Phone? Y N ? n/a - Water? Y N ? n/a
- Electrical? Y N ? n/a - Natural gas? Y N ? n/a
7. Has the wood stove/fireplace insert been inspected and approved by local authorities? Y N ? n/a
8. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property? Y N ? n/a
9. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property on
neighbouring properties? Y N ? n/a
10. Does the Property contain unauthorized accommodation? Y N ? n/a
If yes, alter Listing and Purchase Contracts.
11. Are you aware of any additions or alterations made without a required permit? Y N ? n/a
12. Are you aware of any structural problems with the improvements? Y N ? n/a
13. To the best of your knowledge, have the improvements ever contained asbestos? Y N ? n/a
14. Have you ever applied for and been turned down for a zoning change or subdivision? Y N ? n/a
15. Have you received any notice or claim affecting the Property from any person or entity? Y N ? n/a
16. Have you received any insurance settlements where the work has not been done? Y N ? n/a
17. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
18. Are you aware of any problems regarding the quantity or quality of well water? Y N ? n/a
Gallons per minute (if known) _____________ Date tested ______________ Depth _____________ Date drilled ________________
19. Are you aware of any problems with the septic system? Y N ? n/a
Type: septic tank & field holding tank tank & open discharge lagoon other ________
20. Are you aware of any past or present flooding or drainage problems on the Property? Y N ? n/a
21. Are you aware of any roof leakage or unrepaired damage? (age of roofing __________ years) Y N ? n/a
Indicate type of roofing: ________________________________________________________________
22. Are you aware of any moisture and/or water problems in the basement or crawl space? Y N ? n/a
23. Are you aware of any problems with the heating/air conditioning/ventilation systems? Y N ? n/a
24. Are you aware of any problems with the electrical system, switches or receptacles? Y N ? n/a
25. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
26. Are you aware of any problems with the plumbing system? Y N ? n/a

© May 2001/September 2002 The Alberta Real Estate Association

 -2-

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

27. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool? Y N ? n/a
28. Are you aware of any excessive settling, slippage, sliding or soil problems? Y N ? n/a
29. Are you aware of any problems with retaining walls cracking or bulging? Y N ? n/a
30. Are you aware of any damage due to weather, fire, water, insects or rodents? Y N ? n/a
31. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
32. Are there any rented fixtures/equipment? (e.g. water softener, iron filter, alarm system) Y N ? n/a
If yes, explain ________________________________________________________________________
33. Are you aware of any problems with any equipment/mechanical items to be included in this transaction? Y N ? n/a
34. Are there any propane tanks on the Property? Y N ? n/a
If yes, are they rented or owned? _________________________________________________________
35. Is this Property of historical significance in the opinion of a government authority? Y N ? n/a

Additional Comments and/or Explanations: (Use additional pages if necessary)

_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________
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_____________________________________________________________________________________________________________
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_____________________________________________________________________________________________________________
_____________________________________________________________________________________________________________

Acknowledgment and Limitation of Statement

The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any important
changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day. The Seller
acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers.

Seller: _______________________________________________ Seller: _____________________________________________

The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s
brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not a
warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any
inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its
own inquiries.

Buyer: ______________________________________________ Buyer: _____________________________________________

The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or
guarantee the above information on the Property.
STANDARD CLAUSES AND PHRASES
TO ASSIST IN THE WRITING OF

COMMERCIAL AND AGRICULTURAL

PURCHASE CONTRACTS
AND COMMERCIAL

LEASING CONTRACTS

FEBRUARY 2001
 ACKNOWLEDGEMENTS

The Alberta Real Estate Association (AREA) wishes to thank the Ontario and British
Columbia Real Estate Associations and the Calgary Real Estate Board for sharing their
materials on standard clauses and phrases.

The Alberta Real Estate Association has created these standard phrases and clauses to
assist its members in drafting clauses to meet the needs of Buyers/Tenants and
Sellers/Landlords in the preparation and negotiation of the Commercial and Rural Real Estate
Purchase Contracts and the Commercial Offer to Lease Contract.

At no time are these clauses and phrases to be thought of as required wording, but they are
to be used as examples of acceptable phrases and clauses.

AREA accepts no liability for the usage of these clauses and phrases. Each transaction is
unique and real estate brokers are advised to seek professional advice when they are in
doubt regarding the appropriate wording.

© Copyright 2000 Revised 2001

The Alberta Real Estate Association
 TABLE OF CONTENTS
Page
I. Commercial Offer to Purchase
1. Deposit Clauses
1.1 Deposit – Interest Bearing 1
1.2 Forfeited Deposit 1

2. Financing Clauses
2.1 Prepayment of Mortgage Principal 1
2.2 Renewal of Mortgage 2
2.3 Postponement of Mortgage 2
2.4 Assumption of Existing Mortgage 2
2.5 Demolish Structure or Change Contours 2
2.6 Seller Takes Back Second Mortgage 2
2.7 Discharge of Existing Encumbrances 2
2.8 Partial Discharge of Mortgage 2

3. Additional Purchase Conditions

3.1 Preamble to Conditions 3
3.2 Conditional Sale – Increase of Deposit 3
3.3 Obtaining Building Permit 3
3.4 Acceptable Soil Test 3
3.5 Notice of Fulfillment of Condition by Buyer 3
3.6 Zoning Satisfaction 3
3.7 Inspection of Leases and Property 4
3.8 Unattached and Attached Goods 4

4. “Subject To” Clauses

4.1 Subject To Legal Advice 4
4.2 Approval of Documentation by Seller’s or Buyer’s Lawyer 4
4.3 Approval of Contract by Seller’s or Buyer’s Lawyer 5
4.4 Approval of Financial Statements by Buyer’s Accountant 5
4.5 Where Financial Statements Are Available But Have Not
Been Delivered to Buyer 5

5. Disclosure of Interest
5.1 Industry Member Buying Property 5
5.2 Industry Member Selling Property 5

6. Safety, Health and Environmental Disclosure Conditions

6.1 Possible Safety, Health or Environmental Condition 6
6.2 Seller Disclosure Where Condition Has Been Removed 6
6.3 Seller Disclosure With Corrective Measures 6
6.4 Presence of Urea Formaldehyde 6
6.5 Flood Plain or Environmentally Protected Zone 6
6.6 Environmental Warranty 7
6.7 Environmental Condition 7

7. Property and Building Clauses

7.1 Real Property Report 7
7.2 Entry onto Property for Real Property Report 7
7.3 Acknowledgment of Easement 8
7.4 Notification of Easement 8
7.5 New Building 8
 Page

7.6 Consent to Subdivide by Mortgagee 8

7.7 Land Titles Registration 8
7.8 Consent to Rezoning by Mortgagee 8
7.9 Dedication of Roads 8
7.10 Easements 9
7.11 Zoning 9
7.12 Equipment in Good Working Order 9
7.13 Purchase of Additional Equipment 9
7.14 Seller to Repair 9
7.15 Machinery and Equipment Mountings 9
7.16 Real Property Report, Building Plans, Mechanical Drawings
and Equipment Warranties 9
7.17 Work Orders 10
7.18 Conditional Upon Inspection of Property 10
7.19 Inspection of Property 10
7.20 Courtesy of Access to Property 10
7.21 Services 10
7.22 Availability of Services 10
7.23 Services – Well and Septic Systems 10
7.24 Cleanliness of Parking Area 10
7.25 Lighting Fixtures 11
7.26 Floors 11
7.27 Cleaning 11
7.28 Seller’s Risk 11

8. Sale of Rental Property

8.1 Vacant Possession 11
8.2 Assume Tenancies 11
8.3 Warranties 12

9. Leasing Conditions – Offer to Purchase

9.1 Subject to Buyer Arranging New Lease 13
9.2 Subject to Buyer Assuming Existing Lease 13
9.3 Subject to Approval of Landlord’s Lawyer 13
9.4 Approval from the Board of Directors 13
9.5 Subject to Landlord Approving Assumption of Existing Lease 13
9.6 Buyer’s Right to Terminate Agreement Due to Unacceptable Lease Details 13
9.7 Credit Check 14
9.8 Occupancy Permit 14
9.9 Zoning Satisfaction 14
9.10 Subject to Buyer Approving Franchise Agreement 14
9.11 Subject to Franchisor Approving Assignment of Franchise 14

10. Miscellaneous Purchase Clauses

10.1 Where There Are No Financial Statements 14
10.2 Sale of Small Business 15
10.3 Inventory 15
10.4 Notice of Other Offer 15
10.5 Offer on Property Already Sold Conditionally 15
10.6 Assignment of Agreement 15
10.7 Buyer Acting as Nominee (In Trust) 15
10.8 Buyer Acts for Undisclosed Principal 16
 Page
II. Commercial Offer to Lease

1. Lease Terms
1.1 Offer to Lease Only 17
1.2 Net Lease 17
1.3 Gross Lease 17
1.4 Gross Lease With Escalations 17
1.5 Net Rent Free 17
1.6 Gross Rent Free 18
1.7 Proportionate Share 18
1.8 Option to Purchase 18
1.9 Rental Paid 18
1.10 Increase in Rent 18
1.11 Condominium Bylaw Compliance 18
1.12 Pets 18
1.13 Showing of Rented Property 19
2. Leasing Conditions
2.1 Personal and Credit Check 19
2.2 Condition – Board of Director Approval 19
3. Services and Utilities
3.1 Utilities Paid By Tenant 19
3.2 Taxes/Fire Insurance 19
4. Maintenance of Property
4.1 Structural Penetration 20
4.2 Structural Repairs 20
4.3 Electrical and Mechanical Equipment in Good Order 20
4.4 Signs and Advertising 20
4.5 Maintenance of Grounds 20
4.6 Maintenance of Swimming Pool 20
4.7 Alterations and Improvements 21
4.8 Cleaning of Carpets 21
4.9 Consent to Decorate 21
4.10 Landlord’s Work 21
4.11 Space Layout Sketch 21
4.12 Restoring Leased Space to Original Condition 21
4.13 Workmanlike Manner 22
4.14 Landlord’s Contractors to be Used 22
5. Unattached and Attached Goods
5.1 Appliances Included 22
5.2 Appliances and Tenant’s/Landlord’s Responsibilities 22
6. Miscellaneous Leasing Clauses
6.1 Right of First Refusal on Vacant Space: Lease 22
6.2 Right of First Refusal: Purchase 22
6.3 Right of First Refusal: Non-Confidentiality of Offer 23
6.4 Notice to Tenants of New Owner 23
6.5 Rent Increase With Notices Prior to Completion of Sale 23
6.6 No Rent Increases 23
6.7 Seller Shall Not Renegotiate Leases Prior to Completion
Without Buyer Instruction 23
6.8 Seller to Renegotiate Leases 23
6.9 Adjustment of Purchase Price Due to Shortfall in Rental Income 23
6.10 Area Measurement 24
 Page

6.11 Lease Form 24

6.12 Entire Agreement 24
6.13 Expert Advice 24
6.14 Agreement to Sign Lease 24
6.15 Assignment 24
6.16 Assignment Without Consent 24
6.17 Guarantor 25
6.18 Lease Cancellation Privilege 25
6.19 Demolition Clause 25
6.20 Comply With Zoning Bylaws 25
6.21 Deposit Cheque 25
6.22 Arbitration 25

III. Agricultural Offer to Purchase

1. Land Restrictions
1.1 Crown Restrictions 26
1.2 Road Allowance (Acknowledgment/Without Encroachments) 26
1.3 Road Allowance (Acknowledgment/With Encroachments) 26
1.4 Water Frontage – Dimension/Shore Road Allowance/Unregistered Easements 26
1.5 Surface Lease – Buyer to Assume 26
1.6 Surface Lease – Option to Purchase 27
1.7 Surface Lease – Conditional on Land Owner’s Approval 27

2. Buildings and Improvements

2.1 Building Permit 27
2.2 Location of Buildings and Driveways 27

3. Access
3.1 Road Access to Public Roadways 27
3.2 Road Access by Open Public Road 28
3.3 Road Access – Alternatives 28
3.4 Road Access – Privately Maintained Road 28
3.5 Road Access – Unregistered Easement (Trespass Access) 28
3.6 Water Access 28

4. Services (Water and Sewer)

4.1 Sewage Systems – Buyer’s Conditions 29
4.2 Sewage Systems – Seller’s Warranty 29
4.3 Sewage – General Compliance With Environmental Requirements 29
4.4 Water Supply Potability 29
4.5 Water Supply – Buyer’s Condition 30
4.6 Water Supply – Seller’s Warranty 30
4.7 Water Supply – Conditional on Receipt of Well Certificate 30

5. Miscellaneous Agricultural Purchase Clauses

5.1 Seller’s Permission to Remain on Property 30
5.2 Seller’s Permission to Remove Personal Property and Equipment 30
 STANDARD CLAUSES AND PHRASES
Note #1: For the purposes of clarity, the words “Lessee” and “Lessor” will be replaced by “Tenant” and
“Landlord” throughout this document.

Note #2: It is advisable that all conditions have a completion date.

I. Commercial Offer to Purchase

1. DEPOSIT CLAUSES

1.1 DEPOSIT – INTEREST BEARING

The Real Estate Act stipulates that the Deposit is to be placed into a brokerage’s trust
account within two banking days after final acceptance (clause 16.1) of the Contract, or
within a longer period of time as agreed to in writing by the parties.

If the Deposit is to be placed in an interest bearing account with interest accruing to a

specific party, then the following would be written in clause 3.1 and clause 3.4 would be
deleted.

The Buyer and Seller hereby direct the brokerage holding the Deposit to place it in an interest bearing account, with
any accrued interest on the Deposit to be paid to the Buyer on completion or termination of this Contract.

The brokerage paying interest to a specific party is required to have the social insurance number
of that party before paying interest on Deposits.

1.2 FORFEITED DEPOSIT

In the event the Buyer fails to complete the transaction and the Deposit is forfeit, then such Deposit is to be equally
shared between the Seller and its brokerage.

2. FINANCING CLAUSES

2.1 PREPAYMENT OF MORTGAGE PRINCIPAL

The ______________________________ shall have the privilege of prepaying the principal sum, in whole or in part,
at any time without notice or bonus.

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2.2 RENEWAL OF MORTGAGE

The mortgage to run for _______________ years from closing of the transaction and to be renewable by the Buyer,
if not in default at the time of renewal, for a further _______________ years at the same terms and conditions, save
for _________________________________ (renewal or on whatever other terms are agreed to).

2.3 POSTPONEMENT OF MORTGAGE

The Seller agrees to postpone such second mortgage to any renewal or replacement of the first mortgage at any
time, provided any increase of the principal sum of the first mortgage shall be paid to the Seller in reduction of the
principal sum of such second mortgage.

2.4 ASSUMPTION OF EXISTING MORTGAGE

The Buyer agrees to assume an existing first mortgage of $______________________________________ repayable

$_________________________ quarterly/yearly/monthly including both principal and interest at _____________%
per annum, maturing _________________________ (date). The Seller warrants these terms and conditions are
correct.

2.5 DEMOLISH STRUCTURE OR CHANGE CONTOURS

The mortgage will also contain a privilege entitling the mortgagor at any time to demolish any structures on the
Property, or to change the contours of the Property, to remove __________________________________ (describe)
and to install services of all types for the purpose of complying with registered plans of subdivision and
subdivision agreements, and to construct any buildings thereon, which are in accordance with municipal
regulations, without any of the foregoing being a breach of the terms of the mortgage.

2.6 SELLER TAKES BACK SECOND MORTGAGE

The Seller agrees to take back the balance of the Purchase Price as a second mortgage, repayable
$____________________________________________ quarterly/yearly/monthly including interest at the rate of
_____________% per annum and to run for _____________ years. The second mortgage is to contain the privilege
of prepaying all or any part of the principal amount on any interest date without notice or bonus.

2.7 DISCHARGE OF EXISTING ENCUMBRANCES

The Seller agrees to discharge, at its own expense, any existing mortgages, liens or encumbrances on or before the
Completion Day.

2.8 PARTIAL DISCHARGE OF MORTGAGE

The Buyer is to have the privilege of partially discharging any acre, lot or block at any time by paying
$______________________________ per acre, lot or block off the principal amount of the mortgage, and shall
forthwith be given clear title to the said parcel so discharged.

2
3. ADDITIONAL PURCHASE CONDITIONS

3.1 PREAMBLE TO CONDITIONS

The conditions in this Offer are for the sole and exclusive benefit of the Buyer and may be satisfied or waived
unilaterally by the Buyer at its sole discretion only in writing, signed by the Buyer, and delivered to the Seller’s
brokerage. Failure to remove all of the conditions in writing by the respective condition dates will result in the
return of all Deposits to the Buyer without deduction of any kind. This Contract shall then be void and neither party
shall have any claim upon the other. A condition date may be extended by written agreement.

3.2 CONDITIONAL SALE – INCREASE OF DEPOSIT

Provided that, if and when the Buyer deletes the clause referring to the sale of its property, it shall increase the
Deposit held by the Seller to $________________________________ and the balance due on closing shall be
adjusted accordingly.

3.3 OBTAINING BUILDING PERMIT

This Offer is conditional upon the Buyer obtaining a building permit to erect a commercial/industrial/residential
building on the Property in accordance with the municipal building code and other relevant bylaws.

3.4 ACCEPTABLE SOIL TEST

This Offer is conditional for 14 business days from the date of acceptance, upon the Buyer obtaining, at its own
expense, soil tests of the Property satisfactory to the Buyer for the purpose of construction of a new building
thereon. In the event the soil test is not satisfactory to the Buyer, then this Offer shall become null and void and the
Buyer’s Deposit shall be returned to it in full without any deduction whatsoever. This condition is for the sole
benefit of the Buyer and the Buyer shall have the right to waive this condition by notice in writing at any time within
the 14 day period.

3.5 NOTICE OF FULFILLMENT OF CONDITION BY BUYER

The Buyer or the Buyer’s lawyer shall notify the Seller or the Seller’s lawyer in writing that the condition above has
been fulfilled or satisfied within the time allowed.

3.6 ZONING SATISFACTION

The Buyer shall have _________ days from the date of acceptance of this Offer to satisfy itself that the Property is
zoned in final and binding form under the relevant zoning bylaws and official plan to permit it to develop or use the
Property for the purpose of ______________________________________. If the Buyer is not satisfied, it may
terminate this Contract by giving notice to the Seller prior to the expiry of such period that the condition has not
been fulfilled whereupon the Deposit shall be returned to the Buyer.

3
 3.7 INSPECTION OF LEASES AND PROPERTY

This Contract is conditional upon the Buyer inspecting and approving the Property, the leases (or Offers to Lease if
no leases are available) and improvements within ____________ days of acceptance of this Offer. This clause is
inserted for the benefit of the Buyer and may be waived, by written notice, in whole or in part by the Buyer.

The Seller agrees to:

(a) supply the Buyer, within __________ days of acceptance of the Offer, all leases and/or Offers to Lease which
are in force at time of acceptance of this Offer and a set of “as built” building plans for the development of the
Property (if such are in its possession);
(b) allow the Buyer, its agents and employees to inspect the improvements to the Property at a mutually
convenient time; and
(c) authorize all governmental and other authorities having jurisdiction over the Property to release to the Buyer
all information such authorities have on file respecting the Property.

Should the Buyer hire agents, the cost and responsibility of such work shall be at the expense of the Buyer. The
Buyer covenants and agrees to restore the Property after inspection to its pre-existing physical condition prior to
the time of the first such inspection.

If the Buyer is not satisfied with the results of its inspection, it shall notify the Seller who may elect to remedy such
results. If the Seller does not remedy such results by ______________________________ (date), this Contract shall
be terminated and the Buyer’s Deposit shall be returned in full.

The Buyer agrees to treat the results of such inspections in a strictly confidential manner and not to disclose the
results to a third party except where required by law. There shall be no compulsory requirement to disclose the
results to the Seller.

3.8 UNATTACHED AND ATTACHED GOODS

This Offer is conditional upon the Buyer receiving from the Seller a list of all unattached goods (specific chattels)
and attached goods (fixtures) to be included in the Purchase Price, and the acceptance by the Buyer that the
content of the list is satisfactory.

4. “SUBJECT TO” CLAUSES

4.1 SUBJECT TO LEGAL ADVICE

Subject to the Buyer/Seller obtaining legal advice concerning ___________________________________________

(e.g. easement, builder’s lien, etc.) by ____________________________________________________________ (date).
This condition is for the sole benefit of the Buyer/Seller.

4.2 APPROVAL OF DOCUMENTATION BY SELLER’S OR BUYER’S LAWYER

Subject to the Seller’s/Buyer’s lawyer approving the form of the documentation by

________________________________ (date). This condition is for the sole benefit of the Seller/Buyer.

4
 4.3 APPROVAL OF CONTRACT BY SELLER’S OR BUYER’S LAWYER

Subject to the Seller’s/Buyer’s lawyer approving the wording of the Contract by

________________________________ (date). This condition is for the sole benefit of the Seller/Buyer.

4.4 APPROVAL OF FINANCIAL STATEMENTS BY BUYER’S ACCOUNTANT

Subject to the Buyer’s accountant approving the financial statements by ____________________________________

(date). This condition is for the sole benefit of the Buyer.

4.5 WHERE FINANCIAL STATEMENTS ARE AVAILABLE BUT HAVE NOT BEEN DELIVERED TO BUYER

Subject to the Buyer receiving, perusing and being satisfied with a complete and current set of financial statements
including a profit and loss statement showing revenue and expenses for the last 12 months (not more than 120
days old), a statement of assets and liabilities and a list of unattached and attached goods, rights and other assets
not included in this transaction, by _________________________________________ (date). This condition is for the
sole benefit of the Buyer.

5. DISCLOSURE OF INTEREST

5.1 INDUSTRY MEMBER BUYING PROPERTY

The Seller is aware that the Buyer is licensed under the Real Estate Act (Alberta) or is associated directly or
indirectly with an industry member as a shareholder, director, officer, partner or family member, and acknowledges
receipt of this disclosure statement in accordance with Section 28 of the Rules of the Real Estate Act (Alberta).

______________ Initials of REALTOR Buyer

5.2 INDUSTRY MEMBER SELLING PROPERTY

The Buyer is aware that the Seller is licensed under the Real Estate Act (Alberta) or is associated directly or
indirectly with an industry member as a shareholder, director, officer, partner or family member.

5
6. SAFETY, HEALTH AND ENVIRONMENTAL DISCLOSURE CONDITIONS

6.1 POSSIBLE SAFETY, HEALTH OR ENVIRONMENTAL CONDITION

The Seller discloses, and the Buyer acknowledges, that the Building/Property contains
___________________________________________________________________________ (describe the condition)
and the Buyer accepts the Building/Property in this condition.

6.2 SELLER DISCLOSURE WHERE CONDITION HAS BEEN REMOVED

The Seller discloses that, although __________________________________________________________ (describe

the condition) was known to have been in/on the Building/Property, such ______________________ (condition), to
the best of its knowledge, was removed/remedied on ____________________________ (date). As evidence of the
removal/remedy, the Seller attaches the following documents:
(list attachments)

6.3 SELLER DISCLOSURE WITH CORRECTIVE MEASURES

The Seller discloses that the Building/Property did have _______________________________________ (describe the
condition) but has undergone the following corrective measures:
(provide description)
The Buyer accepts the condition of the Building/Property in reliance on these corrective measures.

6.4 PRESENCE OF UREA FORMALDEHYDE

The Seller represents and warrants to the Buyer that during the time the Seller has owned the Property, the Seller
has not caused any building on the Property to be insulated with insulation containing urea formaldehyde and that
to the best of the Seller’s knowledge, no building on the Property contains insulation that contains urea
formaldehyde. This warranty shall survive and not merge on the completion of this transaction. If the building is
part of a multiple unit building, this warranty shall only apply to the part of the building which is subject to this
transaction.

6.5 FLOOD PLAIN OR ENVIRONMENTALLY PROTECTED ZONE

This Offer is conditional upon the Buyer determining, at its own expense, that no portion of the Property has been
designated as a flood plain or an environmentally protected zone. Unless the Buyer gives notice in writing
delivered to the Seller by __________________________________ (date) that this condition has been fulfilled, this
Offer shall become null and void and the Deposit shall be returned to the Buyer in full. This condition is included
for the sole benefit of the Buyer and may be waived at its option by notice in writing to the Seller within the time
period stated above.

6
 6.6 ENVIRONMENTAL WARRANTY

The Seller represents and warrants to the best of its knowledge and belief that during the period of its ownership of
the Property that:
(a) all environmental laws and regulations have been complied with;
(b) no hazardous conditions or substances exist on the Property;
(c) no limitations or restrictions affecting the continued use of the Property exist, other than those specifically
provided for herein;
(d) no pending litigation respecting environmental matters or government investigations, charges or prosecutions
regarding environmental matters exist;
(e) there has been no prior use as a waste disposal site; and
(f) all applicable licences are in force.
The Seller agrees to provide to the Buyer upon request all documents, records and reports relating to
environmental matters that are in the possession of the Seller. The parties agree that this representation and
warranty shall form an integral part of this Contract and survive the completion of this transaction, but apply only
to circumstances existing at the completion of this transaction.

6.7 ENVIRONMENTAL CONDITION

This Offer is conditional upon the Buyer determining, at its own expense, that:
(a) all environmental laws and regulations have been complied with;
(b) no hazardous conditions or substances exist on the Property;
(c) no limitations or restrictions affecting the continued use of the Property exist, other than those specifically
provided for herein;
(d) no pending litigation respecting environmental matters or government investigations, charges or prosecutions
regarding environmental matters exist;
(e) there has been no prior use as a waste disposal site; and
(f) all applicable licences are in force.
The Seller agrees to provide the Buyer upon request all documents, records, and reports relating to the
environmental matters in possession of the Seller.
Unless the Buyer gives notice in writing delivered to the Seller by ____________________________ (date), that the
preceding condition has been fulfilled, this Offer shall become null and void and the Deposit shall be returned to
the Buyer. This condition is included for the sole benefit of the Buyer and may be waived at its option by notice in
writing to the Seller within the time period stated herein.

7. PROPERTY AND BUILDING CLAUSES

7.1 REAL PROPERTY REPORT

The Buyer, or its agents, may enter upon the Property prior to Completion Day for the purpose of carrying out a real
property report or to perform any other necessary inspections. Any such report made will be at the expense of the
Seller/Buyer.

7.2 ENTRY ONTO PROPERTY FOR REAL PROPERTY REPORT

The Buyer and its agents shall have the right, after execution of this Contract by the parties, to enter the Property at
its own cost and expense, in order to inspect it, make soil tests, complete surveying, check elevations, contours,
grades and perform other such work in relation to the preparation of a real property report for the Buyer’s use.
7.3 ACKNOWLEDGMENT OF EASEMENT

7
It is understood by the Buyer that the __________________________________ (municipality/company) has a
________________ foot easement at the east/west/north/south portion of the Property.

7.4 NOTIFICATION OF EASEMENT

It is the duty of the Seller to notify the Buyer of any easements on the Property before acceptance.

7.5 NEW BUILDING

It is understood and agreed between the parties that the new building shall be completed in a good and
workmanlike manner and in accordance with the building and zoning requirements of the
_________________________________ (city/municipality). It is further understood and agreed that the Seller shall
deliver to the Buyer on Completion Day a written guarantee for a period of one (1) year from Completion Day with
respect to the heating unit, all electrical wiring and the plumbing.

7.6 CONSENT TO SUBDIVIDE BY MORTGAGEE

The mortgagee agrees to consent to any plan(s) of subdivision which the mortgagor may seek to register, from
time to time, on the mortgaged Property and to execute such plan and any other municipal documentation required
to permit the registration thereof. The mortgagor, its successors and assigns, shall however, provide the
municipality with a performance bond to guarantee the completion of such services, as may be required. Legal
costs are to be borne by the mortgagor.

7.7 LAND TITLES REGISTRATION

The mortgagee agrees that the mortgagor shall have the right to have the Property or any part registered at the
Land Titles Office, and the mortgagee agrees to execute all documents required by the mortgagor with respect
thereto. Legal costs are to be borne by the mortgagor.

7.8 CONSENT TO REZONING BY MORTGAGEE

The mortgagee agrees, upon written notice, to execute consents and all other documents which are required to
enable the mortgagor to change the official plan, if any, and to rezone the Property to a zoning suitable to the
mortgagor, or to amend any bylaws and to support such application for rezoning or amending of the bylaws and to
cooperate with the mortgagor in all reasonable respects, provided that all out-of-pocket expenses shall be paid by
the mortgagor.

7.9 DEDICATION OF ROADS

The mortgagee agrees to the dedication of all roads and other lands required by the municipal and provincial
authorities on any proposed plan(s) of subdivision and to a discharge of such lands, as may be required, for such
municipal purposes from the mortgage given back, without additional payment other than normal legal costs for
the mortgagee.

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7.10 EASEMENTS

If the mortgagor is required to grant easements of any kind to municipal authorities, other governmental authorities
or utility companies for the supply and/or installation of gas, telephone, electricity, water, sewer, railroad or other
similar services, the mortgagee agrees to postpone the mortgage in favour of a grant of such easement without
charge other than the usual legal fees and disbursements.

7.11 ZONING

The Seller warrants that the Property is zoned _______________________________________ under bylaw
_________ for the city/municipality of _________________________________________.

7.12 EQUIPMENT IN GOOD WORKING ORDER

The Seller warrants that all the mechanical, electrical, heating, air compressors, freight elevators, conveyor
systems, boilers, air conditioning systems and all their related equipment on the Property shall be in good working
order on Completion Day.

7.13 PURCHASE OF ADDITIONAL EQUIPMENT

The Buyer shall have the first right to negotiate on any piece of equipment that the Seller intends to sell.

7.14 SELLER TO REPAIR

The Seller agrees to repair any openings or holes in the walls, floors, ceilings or window areas left from the removal
of equipment. Such repairs of openings or holes should first be discussed with the Buyer. The Seller will leave all
drains in the floor in an open and working condition.

7.15 MACHINERY AND EQUIPMENT MOUNTINGS

The Seller agrees, at its own expense, to remove any machinery or equipment mountings protruding from the walls
and the floors and repair any damage caused by the removal of any machine or equipment mountings.

7.16 REAL PROPERTY REPORT, BUILDING PLANS, MECHANICAL DRAWINGS AND EQUIPMENT
WARRANTIES

The Seller agrees to supply, at its own expense, a real property report of the Lands and Buildings thereon. Also, the
Seller agrees to supply all building plans, mechanical drawings, any other plans and all warranties and service
manuals (if available) applicable to any equipment included in the Purchase Price.

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7.17 WORK ORDERS

The Seller represents that there are no outstanding work orders against the Property by any municipal or other
government authority. If there are any, the Seller agrees to comply with them forthwith, at its own expense, prior to
Completion Day.

7.18 CONDITIONAL UPON INSPECTION OF PROPERTY

This Offer is subject to the Buyer performing and being satisfied with an inspection of the Property by
____________________________________ (date).

7.19 INSPECTION OF PROPERTY

The Buyer acknowledges having inspected the Property thoroughly prior to submitting this Offer and understands
that, upon the Seller accepting the Offer, there shall be a binding Purchase Contract between the Buyer and the
Seller.

7.20 COURTESY OF ACCESS TO PROPERTY

Upon acceptance of this Contract, the Buyer will be allowed to enter the Property from time to time by first
receiving permission from the Seller, for the purpose of speaking with and obtaining the necessary operating
information from the appropriate people connected with the heating, electrical, maintenance and any other related
utility service in the building.

7.21 SERVICES

The Seller covenants that all services required for a new building on the Property are to be available to the Buyer
and include water mains and sanitary and storm sewer mains.

7.22 AVAILABILITY OF SERVICES

The Seller warrants that all municipal services have been installed in front of the Property and are available for the
use of the Buyer upon payment of the usual connection charges. Services include electric, water, gas and sanitary
and storm sewers.

7.23 SERVICES – WELL AND SEPTIC SYSTEMS

The Seller warrants that the well and septic system meet the requirements of the local health authorities. This
warranty shall not merge on closing. The Buyer or its representative may obtain a water sample for the purposes of
testing same prior to Completion Day.

7.24 CLEANLINESS OF PARKING AREA

The Seller agrees to remove all its equipment and storage containers and any other materials or debris now located
in the parking area, and to leave this area in a clean and usable condition.
7.25 LIGHTING FIXTURES
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 All lighting fixtures throughout the Property are included in the Purchase Price and are to be left in working order.

7.26 FLOORS

The Seller agrees to clean, repair and/or remove any floor coverings damaged by the spillage of acids or any other
chemicals in those sections of the building as indicated by the Buyer.

7.27 CLEANING

The Seller agrees to leave the buildings on the Property, including the floors, in a clean and broom swept condition.

7.28 SELLER’S RISK

All things being purchased shall remain at the risk of the Seller until Completion Day.

8. SALE OF RENTAL PROPERTY

Note: The following rental clauses have been developed for the sale of small rental properties
(e.g. duplexes and triplexes, etc.). For large multi-unit complexes, special conditions will
apply and expert assistance should be sought.

8.1 VACANT POSSESSION

The Buyer hereby authorizes and directs the Seller, when this Contract becomes unconditional, to give to the
Tenant(s) the requisite notices, under the Landlord and Tenant Act (Alberta), requiring vacant possession of the
Property for use by the Buyer or its immediate family effective as of
_____________________________________________ (date).

8.2 ASSUME TENANCIES

(a) Where a Single Tenant is Assumed With No Lease

The Seller represents and warrants that the _____________________ (Property, basement or _____ floor apartment)
is occupied by ______________________________ as a monthly Tenant at the rate of $_______________________
per month, with a security deposit of $____________________________________ and
____________________________________________________________ (insert items included in rent) payable on the
__________ day of each month. The Seller agrees to deliver to the Buyer, on or before Completion Day, an
acknowledgement signed by the said Tenant confirming the foregoing terms. The parties agree that this
representation and warranty shall survive and not merge on completion of this transaction, but apply only to those
circumstances existing at completion of this transaction.

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 (b) Where There is a Single Tenant With a Lease

The ___________________________________ (Property, basement or _________ floor apartment) is occupied by

______________________________________ pursuant to a lease expiring on ________________________ (date).
The Seller represents and warrants that the copy of the said lease attached hereto as Appendix ____ is a true and
complete copy of the lease. The Seller shall deliver to the Buyer, on or before Completion Day, an
acknowledgement signed by the Tenant confirming the terms and conditions of the foregoing lease. The parties
agree that this representation and warranty shall survive and not merge on completion of this transaction, but
apply only to those circumstances existing at completion of this transaction.

(c) To Assume Multiple Existing Tenancies

The Buyer agrees to assume the existing tenancies, as set out in the attached Schedule _______, which the Seller
warrants are the only tenancies affecting the Property.

[the Schedule should itemize categories such as Apartment #, Tenant Name, Tenancy, Security Deposit,
Expiry Date, Rent Due Date, Prepaid Rent, and Tenancy Particulars (Items Included in Rent)]

The actual lease documents should be attached as a Schedule to the Contract. If there
are too many documents, consider making the Offer conditional upon inspection of the
tenancy agreements.

8.3 WARRANTIES

(a) Rent – General Warranty by Seller

The Seller represents and warrants to the best of its knowledge that, during the period of its ownership, the
Property has been rented in accordance with the Landlord and Tenant Act (Alberta), and that any rent increase has
been effected in accordance with the legislation. The parties agree that this representation and warranty shall
survive and not merge on completion of this transaction, but apply only to those circumstances existing at the
completion of this transaction.

(b) Seller Warranty Regarding Disputes

The Seller represents and warrants, to the best of its knowledge, that there are no disputes between the Seller as
Landlord and any Tenant relating to the state of repair of the Leased Space, the payment of rents, or other material
items concerning the Tenants’ lease agreements other than as specifically set out in this Purchase Contract. The
parties agree that these representations and warranties shall survive and not merge on completion of this
transaction but apply only to those circumstances existing at completion of this transaction.

The actual lease documents should be attached as a Schedule to the Contract. If there are too
many documents, consider making the Offer conditional upon inspection of the tenancy
agreements.

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9. LEASING CONDITIONS – OFFER TO PURCHASE

9.1 SUBJECT TO BUYER ARRANGING NEW LEASE

This is used when the existing lease of the business is about to expire.

This Offer is subject to the Buyer arranging a lease for the space satisfactory to the Buyer by
_________________________________________ (date). This condition is for the sole benefit of the Buyer.

9.2 SUBJECT TO BUYER ASSUMING EXISTING LEASE

In almost all instances whereby the Buyer is taking over an existing lease, the Landlord
will need to approve the assignment or sublease (see 9.3 below).

The Buyer will assume all payments, obligations and covenants of the existing lease covering the business being
purchased. This Offer is subject to the Buyer receiving, perusing and being satisfied with the lease by
___________________________________ (date). This condition is for the sole benefit of the Buyer.

9.3 SUBJECT TO APPROVAL OF LANDLORD’S LAWYER

This Offer is conditional upon the approval of the terms by the Landlord’s lawyer. Unless the Landlord gives notice
in writing delivered to the Tenant or the Tenant’s brokerage by _______________________________ (date) that this
condition is fulfilled, this Offer shall be null and void and the Deposit shall be returned to the Tenant in full. This
condition is included for the sole benefit of the Landlord and may be waived at its option by notice in writing to the
Tenant within the time period stated above.

9.4 APPROVAL FROM THE BOARD OF DIRECTORS

The acceptance of this Offer by _____________________________________ shall be subject to written approval of

the ________________ Board of Directors within _____ days of acceptance of this Offer, failing which, this Offer
shall become null and void and the Deposit shall be returned without deduction.

9.5 SUBJECT TO LANDLORD APPROVING ASSUMPTION OF EXISTING LEASE

This Offer is subject to the Landlord’s written approval of the assignment of lease/sublease by
______________________________________ (date). This condition is for the benefit of the Buyer.

9.6 BUYER’S RIGHT TO TERMINATE AGREEMENT DUE TO UNACCEPTABLE LEASE DETAILS

Upon acceptance of this Offer, the Seller agrees to provide the Buyer with true copies of all leases affecting the
Property. Should the leases be unacceptable to the Buyer, the Buyer shall have the right, exercisable within
______________ days, to terminate this Purchase Contract by giving written notice to the Seller. The Deposit shall
be returned to the Buyer and this Contract shall be null and void.

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 9.7 CREDIT CHECK

This Offer is conditional upon the Landlord satisfying itself concerning the personal and/or creditworthiness of the
Tenant. The Landlord hereby notifies the Tenant that the Landlord may procure and cause to be prepared a
consumer report concerning personal or credit information respecting the Tenant and that the consumer report is
to be or may be referred to by the Landlord in connection with this transaction. Unless the Landlord gives notice in
writing delivered to the Tenant or the Tenant’s brokerage by ________________________________________ (date)
that this condition is satisfied or waived, this Offer shall become null and void and the Deposit shall be returned to
the Tenant without deduction. This condition is included for the sole benefit of the Landlord and may be waived at
its option by notice in writing to the Tenant within the time period stated above.

9.8 OCCUPANCY PERMIT

The Tenant shall obtain an occupancy permit from the relevant municipality prior to taking occupancy. Should an
occupancy permit be unobtainable prior to the date set for occupancy, at the option of the Tenant, this Contract
and the lease, if signed, shall become null and void and the Tenant’s Deposit shall be returned without delay or
deduction.

9.9 ZONING SATISFACTION

The Tenant shall have __________ days from the date of acceptance of this Offer to satisfy himself that the
Property is zoned in final and binding form under the relevant zoning bylaws and official plan to permit it to develop
or use the Property for the purpose of _________________________. If the Tenant is not so satisfied at its sole and
arbitrary discretion, it may terminate this Contract by giving notice to the Landlord prior to the expiry of such
period that the condition has not been fulfilled. The Deposit shall be returned to the Tenant without deduction and
the Tenant shall be deemed to have waived this condition.

9.10 SUBJECT TO BUYER APPROVING FRANCHISE AGREEMENT

Subject to the Buyer receiving, perusing and being satisfied with the franchise agreement by
_________________________________________ (date). This condition is for the sole benefit of the Buyer.

9.11 SUBJECT TO FRANCHISOR APPROVING ASSIGNMENT OF FRANCHISE

Subject to the Franchisor’s written approval of the assignment of the franchise by

_________________________________________ (date). This condition is for the sole benefit of both the Buyer and
the Seller.

10. MISCELLANEOUS PURCHASE CLAUSES

10.1 WHERE THERE ARE NO FINANCIAL STATEMENTS

The Seller warrants that there are no financial statements and will provide to the Buyer a statement under oath
setting forth the terms and conditions of the possession of the Property together with any subletting of the
Property, the liabilities of the business and any books of account in its possession.
Subject to the Buyer receiving, perusing and being satisfied with the statement under oath by
_________________________________________ (date). This condition is for the sole benefit of the Buyer.

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10.2 SALE OF SMALL BUSINESS

The Buyer is buying solely the business known as _____________________________________________ and located
at _______________________________________________________________________________________ (address).
The Purchase Price includes all assets, unattached and attached goods listed as included in the sale of the
business, except inventory on hand, subject to the Buyer receiving and approving such list by
_______________________________________ (date). This condition is for the sole benefit of the Buyer.

10.3 INVENTORY

Inventory to be purchased separately at a price to be mutually agreed upon by the Seller and the Buyer.
OR
Inventory to be included in the Purchase Price at a declared value of $ ______________________________________.

10.4 NOTICE OF OTHER OFFER

Provided that the Seller may still offer the Property for sale to other prospective Buyers, and in the event of its
obtaining another acceptable Offer, it may give the Buyer 2 days’ notice in writing. Within the 2 specified days, the
Buyer may void the contingent clause in this Offer by notice in writing and proceed to a completion of this
transaction. Unless the Buyer elects to void the contingent clause, the Seller shall be free to accept an Offer from
another Buyer and refund the Deposit paid with this Contract and neither the Seller nor its brokerage shall be liable
for any damages or costs.

10.5 OFFER ON PROPERTY ALREADY SOLD CONDITIONALLY

The Buyer is aware that there is another accepted conditional Offer on the Property. The Seller accepts this Offer
from ____________________________, subject to the condition in the previous Offer not being fulfilled by
____________________ (date). If, however, the condition in the previous Offer is fulfilled, then this Offer will be null
and void and the Deposit will be returned to the Buyer without deduction. The Seller shall notify the Buyer
immediately, in writing, of the success or failure to fulfill the above condition within the time allowed.

10.6 ASSIGNMENT OF AGREEMENT

The Buyer shall have the privilege of assignment of this Offer and any agreement resulting from it, to any company
incorporated, or to be incorporated, or to any person or firm (or combination thereof), on or after acceptance,
provided that this transaction does indeed close. The Seller agrees to complete this Purchase Contract with the
said assignee, as if the assignee were the Buyer. Upon closing, the Buyer shall be relieved of any covenants,
obligations, and/or liabilities contained herein, subject to the assumption thereof by the said assignee. In the event
that the transaction does not close due to the Seller’s default, the Buyer shall be relieved of all liability herein.

10.7 BUYER ACTING AS NOMINEE (IN TRUST)

It is understood and agreed that _________________________________________ is a licensed industry member

with ____________________________________ (the brokerage) and has no personal interest in this transaction and
is acting as a nominee only.

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10.8 BUYER ACTS FOR UNDISCLOSED PRINCIPAL

It is understood and agreed that _________________________ is acting in trust for an unidentified Buyer, and that
_____________________________________ is a licensed industry member with _______________________________
(the brokerage) and ____________________/or other employees of __________________________ (the brokerage)
may have a direct or indirect interest in the Property.

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II. COMMERCIAL OFFER TO LEASE

1. LEASE TERMS

1.1 OFFER TO LEASE ONLY

The Tenant and the Landlord agree that an accepted Offer to Lease shall form a completed lease and no other lease
will be signed between the parties.

1.2 NET LEASE

The rent is to be on an absolutely net basis to the Landlord, and the Tenant agrees to pay as additional rent, its
proportionate share of the cost of operation and maintenance for the property, to include but not limited to water,
heat, power, administrative costs, garbage disposal, realty taxes, outside maintenance and building insurance
(except for structural repairs and items of a capital nature) including all costs of maintaining, repairing, replacing,
upkeep, servicing and including, without limiting the generality of the foregoing, other costs and expenses which
are defined in the Landlord’s lease. These common area costs are currently estimated to be $_______________ per
square foot per year and will be adjusted annually according to actual costs. At the end of the calendar year the
Landlord will itemize the common area costs, should the Tenant so request.

1.3 GROSS LEASE

It is agreed that the lease arising from this Offer shall be based on a rental rate which includes the Landlord paying
realty taxes, outside maintenance, building insurance, heat, power, and water rates that pertain to the Leased
Space.

1.4 GROSS LEASE WITH ESCALATIONS

It is understood and agreed that the lease arising from this Offer shall be based on a gross rental rate which shall
include a net rental rate as well as the Tenant’s proportionate share of realty taxes, outside maintenance, building
insurance, heat, power and water rates. The taxes, maintenance and insurance have a base year of ______________
and are subject to yearly adjustments according to actual increases. Such increases above the base year shall be
paid proportionately by the Tenant.

1.5 NET RENT FREE

It is understood and agreed that, provided a formal lease has been executed by both the Landlord and the Tenant,
the Tenant shall be granted possession of the Leased Space on _____________________________ (date), net rent
free to ________________________________ (date), in order to prepare the Leased Space for the operation of its
business, provided that the lease documents have been fully executed and the Tenant agrees to abide by all the
terms and conditions set out in the lease.

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1.6 GROSS RENT FREE

The Tenant shall have possession of the Leased Space until ______________________________ (date), gross rent
free until ___________________ (date) for the purpose of setting up the business, provided that the lease
documents have been fully executed and the Tenant agrees to abide by all the terms and conditions set out in the
lease.

1.7 PROPORTIONATE SHARE

The Tenant’s proportionate share of such common area expenses shall be defined as the area set out in this
Agreement divided by the total rentable area of the project, expressed as a percentage. For purposes herein, the
rentable area of the project is defined as ______________________ and the Tenant’s area shall be defined as
______________________.

1.8 OPTION TO PURCHASE

In consideration of the sum of $______________________________ paid by the Tenant to the Landlord, the receipt
of which is hereby acknowledged, and in consideration of the Leased Space hereinafter recited, the Landlord gives
to the Tenant an option irrevocable within the time limit herein for acceptance, to purchase, free and clear of all
encumbrances, the property and Leased Space situated at _____________________________________ (address).
The option shall be open for acceptance up to _________________________ (date). The Purchase Price shall
contain the following terms:
(insert as needed)

1.9 RENTAL PAID

The rent paid by the Tenant to the Landlord shall be ___________________ per annum, paid 1/12 monthly in
advance. This rate shall be on a __________________ basis to the Landlord.

1.10 INCREASE IN RENT

The Tenant agrees that an increase of _________________ % will be in effect on the second year of this lease, in
accordance with the guidelines established under the applicable legislation.

1.11 CONDOMINIUM BYLAW COMPLIANCE

The Tenant shall comply with all the bylaws of the Condominium Corporation.

1.12 PETS

The Tenant agrees to be responsible for any repair or replacement cost due to the presence of any pets on the
Leased Space. The Tenant further agrees that if pets are kept, the Tenant shall, at lease termination, have the
carpets professionally cleaned and make any repairs that may be necessary to restore any damages caused by
pets.

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 1.13 SHOWING OF RENTED PROPERTY

The Tenant agrees to allow the Landlord or its brokerage to show the property at all reasonable hours to
prospective buyers or tenants, after giving the Tenant at least 24 hours written notice of such showing, and to allow
the Landlord to affix a “For Sale” or “For Rent” sign on the property.

2. LEASING CONDITIONS

2.1 PERSONAL AND CREDIT CHECK

This Offer to Lease is conditional upon the Landlord satisfying itself concerning the personal and/or credit
worthiness of the Tenant. The Tenant hereby consents to having the Landlord conduct or cause to be conducted a
personal and/or credit investigation in respect to the Tenant. Unless the Landlord gives notice in writing delivered
to the Tenant or to the Tenant’s brokerage by ____________________________________ (date) that this condition is
fulfilled, this Offer shall be null and void and the Deposit shall be returned to the Tenant in full. This condition is
included for the benefit of the Landlord and may be waived at its option by notice in writing to the Tenant within the
time period stated above.

2.2 CONDITION – BOARD OF DIRECTOR APPROVAL

This Offer to Lease is conditional upon the approval of the Tenant’s Board of Directors until
_____________________ (date) and to take effect from the date of acceptance of the Offer to Lease by both parties.
Failing such approval, this Offer to Lease shall become null and void and all Deposit monies returned in full to the
Tenant.

3. SERVICES AND UTILITIES

3.1 UTILITIES PAID BY TENANT

The Tenant agrees to pay the cost of all utilities required on the Leased Space during the term of the lease and any
extension thereof, including but not limited to electricity, water, sewer and gas or other fuel. The Tenant further
agrees to provide proof to the Landlord on or before the date of possession that the services have been transferred
to the Tenant’s name.

3.2 TAXES/FIRE INSURANCE

The Landlord shall pay real estate taxes (condominium fees and parking, if applicable) and maintain fire insurance
on the Leased Space. The Tenant acknowledges the Landlord’s fire insurance on the Leased Space provides no
coverage on the Tenant’s personal property.

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4. MAINTENANCE OF PROPERTY

4.1 STRUCTURAL PENETRATION

It is agreed and understood that no openings may be made in the roof and/or walls of the Leased Space without the
prior written consent of the Landlord. Should the Landlord consent to such work, it shall be done and maintained
in a professional manner at the sole cost of the Tenant.

4.2 STRUCTURAL REPAIRS

The Landlord covenants during the term of this lease to make structural repairs, at its sole cost and expense, to the
roof, exterior walls, foundations, drains and sewers of the building, caused by structural defects or weakness, and
all repairs for which the Tenant is not responsible, unless caused by the misconduct or negligence of the Tenant
(reasonable wear and tear and damage by fire, lightning and tempest only excepted).

4.3 ELECTRICAL AND MECHANICAL EQUIPMENT IN GOOD ORDER

The Landlord warrants that all mechanical, heating, ventilating, air conditioning equipment (HVAC), and electrical
equipment will be in good working order, normal wear and tear excepted, on or before possession.

4.4 SIGNS AND ADVERTISING

The Tenant may install in, upon, or about the Leased Space any signs and advertising materials which shall remain
the property of the Tenant, which the Tenant may remove upon the expiration of the lease, provided that all damage
caused is repaired and the Leased Space left in good repair. All signs and location(s) are to be approved
beforehand in writing by the Landlord (such consent not to be unreasonably withheld) and must conform with all
municipal and local bylaws.

4.5 MAINTENANCE OF GROUNDS

The Tenant shall keep the lawns in good condition and shall not injure or remove the shade trees, shrubbery,
hedges or any other tree or plant which may be in, upon or about the Leased Space, and shall keep the sidewalks in
front and at the sides of the Leased Space free of snow and ice.

4.6 MAINTENANCE OF SWIMMING POOL

The Tenant agrees to provide general maintenance for the swimming pool located on the property including
cleaning, use of chemicals, opening and winterizing of the pool. The Landlord shall be responsible for the upkeep
of the equipment including both unattached and attached goods associated with the operation of the pool.

The Landlord may wish to reserve the right to open and/or winterize the pool.

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4.7 ALTERATIONS AND IMPROVEMENTS

The Landlord shall provide alterations and improvements as detailed in Schedule _______ attached, at its own
expense, in good and workmanlike manner prior to the commencement of the lease.

An alternative would be the following:

The Tenant may make any necessary alterations and improvements to the Leased Space, at its own expense,
subject to the Landlord’s written consent, such consent not to be unreasonably withheld. The Tenant may,
however, make any necessary minor internal improvements to the Leased Space, at its own expense, without the
Landlord’s consent.

4.8 CLEANING OF CARPETS

The Landlord agrees to have the carpets professionally cleaned prior to the commencement of the lease at the
Landlord’s cost, and the Tenant shall have the carpets professionally cleaned at the end of the lease term at the
Tenant’s cost.

4.9 CONSENT TO DECORATE

The Tenant agrees not to make any decorating changes to the Leased Space without the express written consent of
the Landlord or its authorized representative.

4.10 LANDLORD’S WORK

As an inducement for the Tenant to enter into a lease contract with the Landlord, the Landlord covenants that it will
carry out the following work prior to the Tenant taking possession, at no cost to the Tenant:
(insert as needed)

4.11 SPACE LAYOUT SKETCH

The Tenant shall provide the Landlord within 3 days of acceptance of this Offer, a layout sketch showing the area
that the Landlord is to improve for the Tenant.

4.12 RESTORING LEASED SPACE TO ORIGINAL CONDITION

The Tenant may, at its own expense, and subject to the written approval of the Landlord, install any fittings,
fixtures, and partitions that may be necessary for the operation of its business, from time to time during the lease
terms, provided that upon termination of the lease term or renewal thereof, the Tenant shall, at the option of the
Landlord, restore the Leased Space to its original condition, at no cost to the Landlord.

21
 4.13 WORKMANLIKE MANNER

Any work carried out by the Landlord or the Tenant, its employees, agents or contractors shall be done in a
workmanlike and professional manner.

4.14 LANDLORD’S CONTRACTORS TO BE USED

The Landlord may require that all mechanical, electrical, roofing and structural work to be done with respect to the
Leased Space by the Tenant at any time, be carried out by the Landlord’s contractors and employees at the
Tenant’s costs, such costs to be competitive with the prices obtained by the Tenant from its contractors.

5. UNATTACHED AND ATTACHED GOODS

5.1 APPLIANCES INCLUDED

The following appliances belonging to the Landlord are to remain on the property for the Tenant’s use:
(include itemized list with description, make, model and serial number)

5.2 APPLIANCES AND TENANT’S/LANDLORD’S RESPONSIBILITIES

The Landlord represents and warrants that the appliances listed on this Offer to Lease will be in good working
order at the commencement of the lease term. The Tenant agrees to maintain the appliances in a state of ordinary
cleanliness at the Tenant’s cost.

6. MISCELLANOUS LEASING CLAUSES

6.1 RIGHT OF FIRST REFUSAL ON VACANT SPACE: LEASE

The Tenant shall have the right of first refusal on adjacent space if and when such space becomes available. In the
event that the Landlord receives an Offer which it finds acceptable, it shall notify the Tenant in writing, and the
Tenant shall have 72 hours to match the Offer, failing which the Tenant shall have lost its right of first refusal. For
purposes herein, adjacent space shall be deemed to be on either of the first floor above, on the first floor below and
adjoining space on the same floor as the subject unit.

6.2 RIGHT OF FIRST REFUSAL: PURCHASE

Provided that the Tenant is current in its obligations to the Landlord, it shall have the right of first refusal to
purchase the property, subject to the following conditions. In the event that the Landlord shall receive a bona fide
Offer to purchase the property, he shall so notify the Tenant in writing, and provide a copy of the Offer. Upon
receipt of the Offer, the Tenant shall have ______________ hours to match the terms of the Offer, failing which, the
said right of first refusal shall become null and void, and the Landlord shall be at liberty to accept the first Offer. In
the event the Tenant does not match the first Offer, it shall be deemed to have permanently lost this right of first
refusal. In the event that the Tenant does not match the first Offer, and the proposed transaction with the Buyer
fails to close, this right of first refusal shall be returned to the Tenant. Should the Tenant exercise the said right of
first refusal, the Landlord agrees to pay the brokerage so named in this Agreement (or its successor companies) a
fee of $_______________________________________________________.

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6.3 RIGHT OF FIRST REFUSAL: NON-CONFIDENTIALITY OF OFFER

This Offer will not be confidential and will be shared with the party who has the right of first refusal.

6.4 NOTICE TO TENANTS OF NEW OWNER

Upon completion, the Seller shall provide the Buyer with a notice to all Tenants advising them of the new owner
and requiring all future rents to be paid as the Buyer directs. The Seller will pay to the Buyer any rent paid to the
Seller in error or in violation of the direction for a period of _________ months following completion of the sale,
after which the Seller may refuse to accept rent from Tenants or return it to them.

Lawyers for parties will treat rent deposits and interest thereon as part of the adjustment
process.

6.5 RENT INCREASE WITH NOTICES PRIOR TO COMPLETION OF SALE

The Seller shall, at the earliest legally permitted time prior to completion of the sale, give notices of rent increases,
at the statutory rate or as otherwise agreed between the Buyer and the Seller, and provide the Buyer proof of
proper service thereof.

6.6 NO RENT INCREASES

Pending completion, the Seller shall not give any notices of rent increases.

6.7 SELLER SHALL NOT RENEGOTIATE LEASES PRIOR TO COMPLETION WITHOUT BUYER
INSTRUCTION

Unless otherwise agreed between the Buyer and the Seller, the Seller shall not renegotiate any leases after this
Agreement becomes unconditional.

6.8 SELLER TO RENEGOTIATE LEASES

The Seller shall make reasonable attempts to renegotiate leases with current Tenants (for terms not to exceed
_________ years) as agreed between the Buyer and the Seller.

6.9 ADJUSTMENT OF PURCHASE PRICE DUE TO SHORTFALL IN RENTAL INCOME

The parties agree that if the actual rent, including any planned increases as declared in this Agreement, is less than
the rent warranted, including any planned increases by the Seller, then the parties agree that the Seller shall pay
the Buyer as liquidated damages, the amount of the differences times a factor of _________, as either an
adjustment on the Purchase Price of the property or as a separate payment at the sole discretion of the Buyer.

The factor is negotiable between the parties but is often based on the ratio between the
overall purchase price and gross rent (gross rent multiplier).

23
6.10 AREA MEASUREMENT

The Landlord and the Tenant agree that, should the actual square footage differ from the area stated herein, the
annual rate shall be adjusted to reflect the actual square footage of the Leased Space.

6.11 LEASE FORM

Attached hereto as Schedule _____ is a copy of the Landlord’s standard lease form, which the Landlord will alter to
reflect the business terms defined in this Agreement, and the Tenant agrees to sign the lease subject to reasonable
changes as negotiated between the parties. In the event of a difference or contradiction between this Offer and the
standard lease form, the terms of the lease as so negotiated shall prevail (save for manifest error).

6.12 ENTIRE AGREEMENT

It is understood and agreed that the contract resulting from the acceptance of this Offer shall be as expressly set
out herein and in the Schedules attached hereto, and except as expressly set out herein and in the attached
Schedules hereto, there are no collateral or other representations, warranties, conditions or agreements of the
Landlord and none shall be implied.

6.13 EXPERT ADVICE

The parties to this Agreement acknowledge that the real estate brokerage and its representatives so named in this
Offer have recommended that they obtain advice from their legal counsel prior to signing this document. The
parties further acknowledge that no information provided by the real estate brokerage or its representatives is to be
construed as expert legal, tax or environmental advice.

6.14 AGREEMENT TO SIGN LEASE

Prior to the Tenant taking possession of the Leased Space, the parties shall execute the lease in the form attached
hereto as Schedule ____ of the Offer to Lease.

6.15 ASSIGNMENT

The Tenant shall have the right to assign its interests under this lease to a limited company, partnership or person.
The Tenant agrees to send written notice of its intention to assign to the Landlord and obtain the Landlord’s written
approval prior to any assignment. Such approval shall not be arbitrarily withheld or delayed.

6.16 ASSIGNMENT WITHOUT CONSENT

It is understood and agreed between the parties that the Tenant may assign the lease to a company, partnership or
joint venture in which it has financial interest without consent of the Landlord, provided that the Tenant shall not be
relieved of any liability it may have under this Agreement.

24
6.17 GUARANTOR

The obligations created by the Tenant shall be jointly and severally assumed by the guarantor, whose name is
identified at the end of this Agreement and the guarantor agrees to be bound by the terms herein. In the
enforcement of its rights under this guarantee, the Landlord may proceed against the guarantor as if the guarantor
were named as Tenant under this lease.

6.18 LEASE CANCELLATION PRIVILEGE

The Tenant shall have the option to cancel the lease at any time during the lease term, provided that the Tenant
gives the Landlord at least 30 days written notice of its intention to cancel, and provided that the Tenant is not in
default at the time of giving such notice, or at the time of termination itself. The payment for this option shall be a
cancellation fee equivalent to ___________ months net rental, paid in advance, at the rates in effect at the time of
cancellation, payable at the time of giving notice of the intention to cancel.

6.19 DEMOLITION CLAUSE

At any time after ___________________________ (date), should the Landlord undertake to proceed with full or
partial demolition of the building, then upon ______ full calendar months’ written notice from the Landlord to the
Tenant, of the Landlord’s undertaking to demolish the building, the Tenant agrees to vacate the Leased Space and
surrender the unexpired portion of the lease term, at the expiry of the time period stated above. Upon surrender of
the Leased Space, the Landlord shall pay to the Tenant by way of compensation for improvements an amount
standing in the same proportion to the cost to the Tenant of leasehold improvements made by the Tenant pursuant
to the provisions of the lease or with the consent of the Landlord as the unexpired portion of the terms stands to
the period of time from the Tenant’s payment of such cost to the end of the unexpired portion of the term.

6.20 COMPLY WITH ZONING BYLAWS

The Tenant covenants that it will comply with all municipal zoning bylaws governing the use of the Leased Space.

6.21 DEPOSIT CHEQUE

It is understood and agreed by both parties that the Deposit cheque will not be cashed or certified until the Offer to
Lease is accepted. After acceptance, the Deposit monies shall be put into the brokerage’s trust account or other
form of security as directed on the Offer.

6.22 ARBITRATION

All disputes or differences arising in regard to the Agreement shall be settled by arbitration in accordance with the
Arbitration Act (Alberta) or any subsequent legislation in effect at the date of commencement of such arbitration.

25
III. AGRICULTURAL OFFER TO PURCHASE
Note: Matters involving both zoning and surveys are typically more complex and expensive with
respect to agricultural properties. Professional advice should be sought when dealing
with these properties.

1. LAND RESTRICTIONS

1.1 CROWN RESTRICTIONS

The Seller hereby declares to the Buyer, and the Buyer acknowledges, understands and accepts that this Property
is subject to certain reservations of the Crown, specifically but not limited to
______________________________________________________ (describe the specific limitations and reservations).

1.2 ROAD ALLOWANCE (ACKNOWLEDGEMENT/WITHOUT ENCROACHMENTS)

The Buyer acknowledges that the original road allowance is not closed and consequently is not part of the Property
being sold under this Purchase Contract.

1.3 ROAD ALLOWANCE (ACKNOWLEDGEMENT/WITH ENCROACHMENTS)

The Buyer acknowledges that the original road allowance is not closed and consequently is not part of the Property
being sold under this Purchase Contract, and that the improvements on the Property may encroach on the
unowned road allowance.

1.4 WATER FRONTAGE – DIMENSION/SHORE ROAD ALLOWANCE/UNREGISTERED EASEMENTS

This Offer is conditional upon the Buyer determining at its own expense that:
(a) the Property being purchased has at least ________________ (insert appropriate frontage dimension)
metres/feet of frontage on _______________ (name of waterway);
(b) no road allowance, open or unopened, or other public or private lands exist which will interfere with the right of
the Buyer to use and enjoy the said frontage; and
(c) that there are no unregistered rights or easements.
Unless the Buyer gives notice in writing delivered to the Seller by ____________________________ (date) that these
conditions have been fulfilled, this Offer shall become null and void and the Deposit shall be returned to the Buyer
in full. These conditions are included for the sole benefit of the Buyer and may be waived at its option by notice in
writing to the Seller within the time period stated above.

1.5 SURFACE LEASE – BUYER TO ASSUME

The Seller agrees to assign, and the Buyer agrees to assume, the existing surface lease on the Property with
_____________________ (insert name of Tenant), a copy of which is attached as Schedule ________.

26
 1.6 SURFACE LEASE – OPTION TO PURCHASE

During the term of this surface lease, the Buyer shall have the option of purchasing the Property for a sum of
$___________________________________________ which is not included in the lease price.

1.7 SURFACE LEASE – CONDITIONAL ON LAND OWNER’S APPROVAL

This Offer is conditional upon the land owner consenting to the assignment of the surface lease to the Buyer.
Unless the Buyer gives notice in writing delivered to the Seller by __________________________________ (date)
that this condition has been fulfilled, this Offer shall become null and void and the Deposit shall be returned to the
Buyer in full. The Buyer hereby agrees to proceed immediately to make an application and provide such material
as may be required by the land owner for approval of the Buyer as tenant.

This clause is a true condition precedent and neither the Seller nor a Buyer is entitled to
waive this condition at its option.

2. BUILDINGS AND IMPROVEMENTS

2.1 BUILDING PERMIT

This Offer is conditional upon the Buyer determining, at its own expense, that a building permit for the structure
indicated on Schedule ______ attached is available with respect to the Property. Unless the Buyer gives notice in
writing to the Seller by ______________________________ (date) that this condition has been fulfilled, this Offer
shall become null and void and the Deposit shall be returned to the Buyer in full. This condition is included for the
sole benefit of the Buyer and may be waived at its option by notice in writing to the Seller within the time period
stated above.

2.2 LOCATION OF BUILDINGS AND DRIVEWAYS

The Seller represents and warrants, to the best of its knowledge and belief, that:
(a) the buildings now located on the Property are located wholly on the Property and comply with all zoning and
municipal bylaws; and
(b) the driveways serving the Property are located wholly within the limits of the Property and the entrances
relating to such driveways have been approved by the appropriate municipal authority.

3. ACCESS

3.1 ROAD ACCESS TO PUBLIC ROADWAYS

This Offer is conditional upon the Buyer determining, at its own expense, that all vehicular entrances to and exits
from the Property onto public roadways have been approved under the appropriate legislation. Unless the Buyer
gives notice in writing delivered to the Seller by __________________________________ (date) that this condition
has been fulfilled, this Offer shall become null and void and the Deposit shall be returned to the Buyer in full. This
condition is included for the sole benefit of the Buyer and may be waived at its option by notice in writing to the
Seller within the time period stated above.

27
3.2 ROAD ACCESS BY OPEN PUBLIC ROAD

This Offer is conditional upon the Buyer determining, at its own expense, that access by vehicle to the Property is
by a public road which is maintained at public expense throughout the year. Unless the Buyer gives notice in
writing delivered to the Seller by ___________________________________ (date) that this condition has been
fulfilled, this Offer shall become null and void and the Deposit shall be returned to the Buyer in full without interest.
This condition is included for the sole benefit of the Buyer and may be waived at its option by notice in writing to
the Seller within the time period stated above.

3.3 ROAD ACCESS – ALTERNATIVES

The Seller represents and warrants, to the best of its knowledge and belief, that the Property fronts on (choose the
appropriate statement):
(a) A road which is maintained on a year round basis at public expense.
OR
(b) A road which is maintained on a seasonal basis at public expense.
OR
(c) A road which is not maintained at public expense.
The parties agree that this representation and warranty shall survive and not merge on completion of this
transaction, but apply only to the state of the Property existing at the completion of this transaction.

3.4 ROAD ACCESS – PRIVATELY MAINTAINED ROAD

The Buyer acknowledges that the private road accessing the Property is maintained by the
___________________________ (insert name of appropriate authority), at an annual cost of $ ________________ for
each Property.

3.5 ROAD ACCESS – UNREGISTERED EASEMENT (TRESPASS ACCESS)

The Buyer acknowledges that the _____________ (road/path/lane) to the Property may be an unregistered
easement. The Seller shall provide to the Buyer, on or before Completion Day, a statutory declaration or
declaration establishing that the existing ___________ (road/path/lane) has been used by the Seller and/or
predecessors in title to gain access to the said Property for a period of ___________ years.

In situations involving unregistered easements, legal advice should be sought.

3.6 WATER ACCESS

The Buyer acknowledges that the Property is only accessible by water.

28
4. SERVICES (WATER AND SEWER)

Note: Sale of property with a well and/or septic system involves specialized knowledge. Expert
advice should be sought.

4.1 SEWAGE SYSTEMS – BUYER’S CONDITIONS

This Offer is conditional upon the Buyer determining at its own expense that:
(a) all sewage systems serving the Property have received all required certificates of installation and approval
pursuant to the Environmental Protection and Enhancement Act (Alberta);
(b) all sewage systems serving the Property have been constructed in accordance with the said certificate of
installation and approval; and
(c) all sewage systems serving the Property have received all required use permits under the Act or any other
legislation.
Unless the Buyer gives notice in writing delivered to the Seller by __________________________________ (date)
that this condition has been fulfilled, this Offer shall become null and void and the Deposit shall be returned to the
Buyer in full. This condition is included for the sole benefit of the Buyer and may be waived at its option by notice
in writing to the Seller within the time period stated above.

6.22 SEWAGE SYSTEMS – SELLER’S WARRANTY

The Seller represents and warrants, to the best of its knowledge and belief, that:
(a) all sewage systems serving the Property are wholly within the limits of the said Property, and have received
the required certificates of installation and approval pursuant to the Environmental Protection and
Enhancement Act (Alberta);
(b) all sewage systems serving the Property have been constructed in accordance with the said certificates of
installation and approval; and
(c) all sewage systems serving the Property have received all required use permits under the Act or any other
legislation.
The parties agree that these representations and warranties shall survive and not merge on completion of this
transaction, but apply only to the state of the Property existing at the completion of this transaction.

4.3 SEWAGE – GENERAL COMPLIANCE WITH ENVIRONMENTAL REQUIREMENTS

The Seller represents and warrants, to the best of its knowledge and belief, that, during its occupancy of the
dwelling, the sewage system has operated satisfactorily and was installed according to the provisions of the health
authorities having jurisdiction at the time of installation. Further, the Seller agrees to provide any and all
documentation within its possession relating to the sewage system to the Buyer prior to the last date set for
examining title. The parties agree that this representation and warranty shall survive and not merge on completion
of this transaction, but apply only to the state of the Property existing at completion of this transaction.

4.4 WATER SUPPLY POTABILITY

The Seller agrees to the supply the Buyer, prior to the Completion Day, a current certificate of potability (within the
last 30 days) from the local health authority having jurisdiction over the area stating that the water is safe for
human consumption.

29
 4.5 WATER SUPPLY – BUYER’S CONDITION

This Offer is conditional upon the Buyer determining at its own expense that:
(a) there is an adequate and potable water supply; and
(b) the pump and all related equipment serving the Property are in proper operating condition.
Unless the Buyer gives notice in writing delivered to the Seller by ________________________________ (date) that
these conditions have been fulfilled, this Offer shall become null and void and the Deposit shall be returned to the
Buyer in full. These conditions are included for the sole benefit of the Buyer and may be waived at its option by
notice in writing to the Seller within the time period stated above.

4.6 WATER SUPPLY – SELLER’S WARRANTY

The Seller represents and warrants, to the best of its knowledge and belief, that during its occupancy of the
Property, the pump and all related equipment serving the Property have performed adequately, and that the well is
capable of supplying a water volume of not less than _______________ gallons per minute at standing level. The
parties agree that this representation and warranty shall survive and not merge on completion of this transaction,
but apply only to the state of the Property at completion of this transaction.

4.7 WATER SUPPLY – CONDITIONAL ON RECEIPT OF WELL CERTIFICATE

This Offer is conditional upon the Buyer receiving from the Seller a well certificate, prepared by a qualified well
driller, attesting that the well is capable of supplying a water volume of not less than ___________ gallons per
minute at standing level. Unless the Seller delivers this well certificate to the Buyer or the Buyer’s brokerage by
__________________________ (date), this Offer shall become null and void and the Deposit shall be returned to the
Buyer in full. This condition is included for the sole benefit of the Buyer and may be waived at its option by notice
in writing to the Seller within the time period stated above.

5. MISCELLANEOUS AGRICULTURAL PURCHASE CLAUSES

5.1 SELLER’S PERMISSION TO REMAIN ON PROPERTY

The Seller shall be permitted the exclusive right to remain upon and continue to use the Property in its current use,
free of any payment of rent for a period of ________________________ or until __________________ from the
Completion Day, provided, however, that the Seller shall, during such period, maintain the lands in good and
workmanlike repair and not permit waste. The Seller shall pay taxes, electricity, heat, any and all applicable utilities
and insurance premiums during its tenancy. The Buyer shall have free access to the lands and reasonable access
to the buildings forming part of the Property during the tenancy of the Seller, without interference to the Seller.

5.2 SELLER’S PERMISSION TO REMOVE PERSONAL PROPERTY AND EQUIPMENT

The Seller shall be permitted to remove all personal property, equipment and machinery from the Property either
during or upon completion of its tenancy.

30
 URBAN RESIDENTIAL PROPERTY DISCLOSURE STATEMENT

Purpose of Statement
This statement is a voluntary disclosure of the condition of the Property for sale and other information known by the Seller. This
disclosure statement constitutes a representation under any Purchase Contract if so agreed in writing by the Seller and the
Buyer.

Date of Disclosure: _______________________________________________________________________________________________

Seller’s Name: __________________________________________________________________________________________________

Property Address: ________________________________________________________________________________________________

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

1. Does the Property comply with the current government and municipal guidelines or
constitute a lawful, non-conforming building? Y N ? n/a
2. To the best of your knowledge, are the exterior walls (above grade) insulated? Y N ? n/a
3. To the best of your knowledge, is the ceiling insulated? Y N ? n/a
4. To the best of your knowledge, are the basement walls insulated? Y N ? n/a
5. Is the basement a preserved wood foundation or concrete? ____________________________________
If preserved wood foundation, is an engineer’s certificate available? Y N ? n/a
6. Did you have a home inspection report completed when you purchased the Property? Y N ? n/a
If yes, did it indicate any significant repairs needed that have not been done? Y N ? n/a
7. Do you have a real property report that reflects the current state of improvements to the Property?
(e.g. detached garage, fences, decks, sheds, etc.) Y N ? n/a
Does the real property report have a stamp of compliance? If yes, date __________________________ Y N ? n/a
8. Has the wood stove/fireplace insert been inspected and approved by local authorities? Y N ? n/a
9. Are all items to be included in the transaction free and clear of all encumbrances? Y N ? n/a
If no, list items _______________________________________________________________________
10. Does the Property contain unauthorized accommodation? Y N ? n/a
If yes, alter Listing and Purchase Contracts.
11. Are you aware of any additions or alterations made without a required permit? Y N ? n/a
12. Are you aware of any structural problems with the house and/or improvements? Y N ? n/a
13. To the best of your knowledge, have any improvements ever contained asbestos? Y N ? n/a
14. To the best of your knowledge, have any improvements ever contained urea formaldehyde insulation? Y N ? n/a
15. Are you aware of any unregistered encroachments, easements or rights-of-way on this Property? Y N ? n/a
16. Are you aware of any unregistered encroachments, easements or rights-of-way by your Property
on neighbouring properties? Y N ? n/a
17. Have you received any notice or claim affecting the Property from any person or entity? Y N ? n/a
18. Have you received any insurance settlements where the work has not been done? Y N ? n/a
19. Are you aware of any roof leakage or unrepaired damage? (age of roofing _______ years) Y N ? n/a
Indicate type of roofing: ________________________________________________________________
20. Are you aware of any problems with the heating/air conditioning/ventilation systems? Y N ? n/a
21. Are you aware of any problems with the electrical system, switches or receptacles? Y N ? n/a
22. Are there any extension cords stapled to baseboards or under carpets/rugs? Y N ? n/a
23. Are there any hidden defects under the floor coverings or in the walls? Y N ? n/a
24. Are you aware of any problems with the plumbing system? Y N ? n/a
25. Are you aware of any problems with a jetted tub, hot tub and/or swimming pool? Y N ? n/a

© May 2001/September 2002 The Alberta Real Estate Association

 -2-

The Seller is responsible for the completion and accuracy of the answers on this form.
The Seller should indicate either Y (yes), N (no), ? (no knowledge) or n/a (not applicable).

26. Are you aware of problems with any appliances or mechanical items to be included in this transaction? Y N ? n/a
27. Are you aware of any moisture and/or water problems in the house or any other part of the Property? Y N ? n/a
28. Are you aware of any past or present flooding or drainage problems on the Property? Y N ? n/a
29. Are you aware of any excessive settling, slippage, sliding or soil problem? Y N ? n/a
30. Does the Property have any problems with retaining walls cracking or bulging? Y N ? n/a
31. Are you aware of any damage due to weather, fire, water, insects or rodents? Y N ? n/a
32. Other than those stated above, are you aware of any other latent (hidden) defects on the Property? Y N ? n/a
33. Are you aware of any environmental concerns on the Property or otherwise affecting the Property? Y N ? n/a
If yes, has an environmental audit been completed? (if yes, attach copy) Y N ? n/a
34. Are you aware of any fees for usage of parks, lakes, community centres, etc.? (amount $_____________) Y N ? n/a
35. Is this Property of historical significance in the opinion of a government authority? Y N ? n/a
36. Are there any conditional sales contracts or equipment leases? (e.g. water softener, alarm system) Y N ? n/a
If yes, what is the payout? _____________________ Number of months remaining _______________

Additional Comments and/or Explanations: (Use additional pages if necessary)

____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________

Acknowledgement and Limitation of Statement

The Seller states that the above information is true based on the Seller’s current actual knowledge as of the above date. Any
important changes to this information made known to the Seller will be disclosed by the Seller to the Buyer prior to Completion Day.
The Seller acknowledges receipt of a copy of this disclosure statement and agrees that a copy may be given to prospective Buyers.

Seller: _____________________________________________ Seller: ________________________________________________

The Buyer acknowledges that it has received and read a signed copy of this disclosure statement from the Seller or the Seller’s
brokerage on the ___________ day of __________________________, ___________. The Buyer also acknowledges that this is not
a warranty of any kind by the Seller or by any brokerage representing the Seller in this transaction, and is not a substitute for any
inspection or warranties the Buyer may wish to obtain. The prudent Buyer will use this disclosure statement as the starting point for its
own inquiries.

Buyer: _____________________________________________ Buyer: _______________________________________________

The Seller and the Buyer understand that neither the Seller’s brokerage or Buyer’s brokerage or their representatives warrant or
guarantee the above information on the Property.
 Rural Code
0002 Acme 0360 Coalhurst 0149 Hill Spring 0969 Nordegg 9334 Rural Vulcan County
0603 Aetna 0070 Cochrane 0984 Hoadley 0237 Norglendwold 9340 Rural Warner County
0003 Airdrie 0665 Cochrane Lake 0730 Hobbema 0238 Okotoks 9159 Rural Waterton I.D.
0606 Aldersyde 0669 Compeer 0154 Hussar 0239 Olds 9349 Rural Wheatland County
0607 Alhambra 0670 Condor 0731 Huxley 0974 Orion 9353 Rural Willow Creek M.D.
0005 Alix 0672 Conrich 0733 Iddesleigh 1060 Orton 0317 Scandia
0608 Altario 0073 Consort 0734 Indus 0241 Oyen 0832 Schuler
0611 Ardley 0075 Coronation 0180 Innisfail 1061 Parkland 0833 Sedalia
0010 Arrowwood 0076 Coutts 0735 Iron Springs 0374 Parkland Beach 0834 Seebe
0987 Balzac 0077 Cowley 0183 Irricana 0897 Patricia 0835 Seven Persons
0387 Banff 0673 Craigmyle 0184 Irvine 0248 Penhold 0836 Shaughnessy
0363 Barnwell 0078 Cremona 0990 Janet 0249 Picture Butte 0837 Shepard
0013 Barons 0079 Crossfield 0379 Jarvis Bay 0250 Pincher Creek 1053 Shouldice
0017 Bassano 0361 Crowsnest Pass 0739 Jenner 0804 Pincher Station 0838 Sibbald
0618 Beaver Mines 0675 Dalemead 0740 Joffre 0254 Ponoka 0975 Skiff
0620 Beazer 0676 Dalroy 0999 Johnson’s Addition 0972 Priddis 0842 Spring Coulee
0022 Beiseker 0678 De Winton 0743 Kathryn 0973 Priddis Greens 0900 Springbrook
0622 Benalto 0681 Del Bonita 0747 Keoma 0807 Purple Springs 0843 Spruce View
0623 Benchlands 0989 Delacour 0965 Kimball 0808 Queenstown 0849 Stand Off
0024 Bentley 0083 Delburne 1052 Kirkcaldy 0809 Rainier 0295 Standard
0027 Big Valley 0084 Delia 0751 Kirriemuir 0810 Ralston 0297 Stavely
0625 Bindloss 0682 Diamond City 0755 Lac des Arcs 0261 Raymond 0298 Stettler Town
0028 BirchCliff 0683 Dickson 0194 Lacombe 0262 Red Deer 0300 Stirling
0030 Black Diamond 0088 Didsbury 0757 Lake Louise 0813 Red Willow 0303 Strathmore
0031 Blackfalds 0089 Donalda 0758 Langdon 0264 Redcliff 0852 Suffield
0032 Blackie 0685 Dorothy 0966 Leavitt 0816 Richdale
0388 Sunbreaker Cove
0629 Bluffton 0532 Drumheller 0985 Leedale 0266 Rimbey
0307 Sundre
0038 Botha 0093 Duchess 0760 Leslieville 0267 Rochon Sands
0854 Sunnynook
0988 Bottrel 0687 Dunmore 0203 Lethbridge 0268 Rocky Mountain House
0855 Swalwell
0039 Bow Island 0689 Eagle Hill 0205 Linden 0270 Rockyford
0310 Sylvan Lake
0040 Bowden 0095 Eckville 0986 Linn Valley 0825 Rolling Hills
0311 Taber
0631 Bragg Creek 0102 Elnora 0207 Lomond 0827 Rosebud
0857 Tees
0632 Brant 0103 Empress 0208 Lonview 0272 Rosemary
0316 Three Hills
0043 Brooks 0692 Enchant 0768 Lousana 0992 Rowley
0831 Tilley
0633 Brownfield 0693 Endiang 0769 Lowland Heights 0274 Rumsey
0319 Torrington
0045 Burdett 0695 Ensign 0770 Lundbreck 9164 Rural Banff I.D.
0414 Burnstick Lake 0696 Erskine 0771 Lyalta 9382 Rural Bighorn M.D.
1054 Travers
0642 Byemoor 0697 Etzikom 0773 Madden 9053 Rural Cardston County
0320 Trochu
0048 Camrose 0698 Exshaw 0211 Magrath 9377 Rural Clearwater County
0864 Turin
0050 Canmore 0106 Fairview 0776 Manyberries 9361 Rural Crowsnest Pass
0321 Turner Valley
0051 Carbon 0706 Fleet 0778 Markerville 9376 Rural Cypress County
0326 Vauxhall
0052 Cardston 0112 Foremost 0217 Medicine Hat 9111 Rural Foothills M.D.
0866 Veinerville
0054 Carmangay 0115 Fort Macleod 0785 Michichi 9118 Rural Forty Mile County 0330 Veteran
0055 Caroline 0121 Gadsby 0218 Milk River 9373 Rural Kananaskis I.D. 0333 Vulcan
0651 Carseland 0712 Gem 0786 Millarville 9191 Rural Kneehill County 0380 Waiparous
0056 Carstairs 0123 Ghost Lake 0220 Milo 9194 Rural Lacombe County 0870 Walsh
0964 Carway 0126 Gleichen 0223 Mirror 9204 Rural Lethbridge County 0872 Wardlow
0058 Castor 0128 Glenwood 0787 Monarch 9226 Rural Mountain View County 0339 Warner
0059 Cayley 0135 Granum 0788 Monitor 9235 Rural Newell County 0873 Water Valley
0060 Cereal 0136 Grassy Lake 1059 Moon River Estates 9235 Rural Newell County 0874 Waterton Park
0654 Cessford 0138 Gull Lake 0789 Morningside 9251 Rural Pincher Creek M.D. 0877 Welling
0061 Champion 0358 Half Moon Bay 0225 Morrin 9255 Rural Ponoka County 0967 Welling Station
0655 Chancellor 0140 Halkirk 0790 Mossleigh 9501 Rural Ranchland M.D. 0879 Westward Ho
0656 Cheadle 0141 Hanna 0791 Mountain View 9263 Rural Red Deer County 0365 White Sands
0356 Chestermere 0724 Harvie Heights 0228 Munson 9269 Rural Rocky View MD 0881 Wimborne
0659 Chin 0981 Haynes 0795 Namaka 9142 Rural Special Area 2 0970 Withrow
0660 Chinook 0725 Hays 0232 Nanton 9464 Rural Special Area 3 1062 Woodhouse
0065 Claresholm 0971 Heritage Pointe 0797 Nevis 9465 Rural Special Area 4 0968 Woolford
0066 Clive 1051 Herronton 0798 New Brigden 9296 Rural Starland County 0886 Wrentham
0067 Cluny 0148 High River 0799 New Dayton 9299 Rural Stettler County 0355 Youngstown
0069 Coaldale 0728 Hilda 0236 Nobleford 9312 Rural Taber M.D.